Matter of Strasburger
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court.in the first judicial department, entered upon an order made March 14, 1890, which affirmed a judgment disallowing a claim against the estate of Oscar Strasburger, a lunatic, for damages to the claimants caused by their being dispossessed of premises leased to them by the lunatic.
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Appeal from judgment of the General Term of the Supreme Court.in the first judicial department, entered upon an order made March 14, 1890, which affirmed a judgment disallowing a claim against the estate of Oscar Strasburger, a lunatic, for damages to the claimants caused by their being dispossessed of premises leased to them by the lunatic. Oscar Strasburger was adjudged a lunatic prior to September 17, 1884. On that day Albert Strasburger was appointed committee of his estate and qualified, and thereafter assumed to dischage his duties as such committee. January 15, 1885, Albert…
1Opinion of the CourtLandon, J.
The lunacy of Strasburger did not discharge or affect his covenants in the leases to the appellants. (Matter of Otis, 101 N. Y. 580.) His estate is liable for whatever damages the appellants have sustained because of the breach of the covenant for quiet enjoyment in the leases given to them oy him. To the extent of such damages, they are general creditors and entitled to have their claim ascertained in order to be paid in the due course of administration. (Id.) But the question is, what is the measure of their damages \ The appellants claim that it is the value of the unexpired term, less the…
2Cases cited5 opinions
- Mack v. . PatchinNew York Court of Appeals · 1870
- Matter of Application of OtisNew York Court of Appeals · 1886
- Peck v. . IngersollNew York Court of Appeals · 1852
- People Ex Rel. Smith v. Commissioners of Taxes & AssessmentsNew York Court of Appeals · 1885
- Walton v. . MeeksNew York Court of Appeals · 1890
3Cited by17 opinions
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- Geer v. Boston Little Circle Zinc Co.Missouri Court of Appeals · 1907
- Einfeld v. ShermerSuperior Court of Pennsylvania · 1914
- Reams v. TaylorUtah Supreme Court · 1906
- Ganz v. ClarkNew York Court of Appeals · 1929
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