Van Rensselaer's Executors v. Roberts
New York Supreme Court
Motion to set aside the report of a referee. The action was covenant for the non-payment of rent, brought by the executors of the lessor against the defendant Peter Roberts as assignee of the lessee, and was tried in June, 1844. The plaintiffs proved a lease in fee from their testator Stephen Van Rensselaer to Jonathan Brown, dated April 16th, 1793. for a lot described as containing one hundred and thirty-nine acres of land; and gave evidence tending to show that in 1824 the…
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Motion to set aside the report of a referee. The action was covenant for the non-payment of rent, brought by the executors of the lessor against the defendant Peter Roberts as assignee of the lessee, and was tried in June, 1844. The plaintiffs proved a lease in fee from their testator Stephen Van Rensselaer to Jonathan Brown, dated April 16th, 1793. for a lot described as containing one hundred and thirty-nine acres of land; and gave evidence tending to show that in 1824 the defendant became the owner under the lease of fifty-five acres of the lot. The clause reserving rent was substantially…
1Opinion of the Court
By the Court, Beardsley, Ch. J.
It seems hardly tó have been denied on the hearing that the defendant was assignee of fifty-five acres, parcel of the farm demised to Jonathan Brown, and that the rent for said parcel was correctly estimated and apportioned, although the apportionment was made according to the relative quantity, not value, of the part of said demised premises of which the defendant was owner. If, therefore, ho was responsible in this action, for the rent of the fifty-five acres, the report cannot be set aside on the ground that the amount found to be due was erroneous.
*473The point…
2Cited by5 opinions
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