Demarest v. Willard
New York Supreme Court
COVENANT on ajease, tried at the Saratoga circuit, ISTo28th, 1826, bbfore Walworth, C. Judge, ^ tria] the following matters were in evidence: the plaintiff by lease under seal, dated March 29th, 1819, demised a house and lot to the defendant’s testator, for two years from the 1st of May, then next, at an annual rent of 600 dollars payable quarterly.
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COVENANT on ajease, tried at the Saratoga circuit, ISTo28th, 1826, bbfore Walworth, C. Judge, ^ tria] the following matters were in evidence: the plaintiff by lease under seal, dated March 29th, 1819, demised a house and lot to the defendant’s testator, for two years from the 1st of May, then next, at an annual rent of 600 dollars payable quarterly. The lessee covenanted to pay the rent, and that no alterations, &c,, should be made in the house, or any nails or wooden pins driven into the floors, walls or ceilings, or any damage done, during the term; and that he would deliver up the premises…
1Opinion of the Court
Curia, per SAVAGE, Oh. J.
The question to be decided is, whether the plaintiff has a right to maintain an action in his own name, either on the covenant to pay rent, or the covenant to surrender the premises in good repair at the end of the term.
To ascertain the rights of the parties, it is necessary to examine the assignment to Haswell; and see what was conveyed to him. The plaintiff assigned the lease of Wil*209lard, and all the rents to become due during the term. No interest in the premises leased, except the rent issuing from them, is contained in this assignment. The reversion is not…
2Cited by30 opinions
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- Bennett v. . AustinNew York Court of Appeals · 1880
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