Dudley v. Grissler
The Superior Court of New York City
Appeal from an order. The action was to recover some additional taxes which had been imposed upon demised premises. Joseph R. Stuyvesant was the owner in fee of two lots of land in this city, and the lessee, for a long term of years, of two other lots adjoining. He leased the four lots to Browning and Moore, for a term of ten years.
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Appeal from an order. The action was to recover some additional taxes which had been imposed upon demised premises. Joseph R. Stuyvesant was the owner in fee of two lots of land in this city, and the lessee, for a long term of years, of two other lots adjoining. He leased the four lots to Browning and Moore, for a term of ten years. The lessees covenanted, amongst other things, to pay any additional taxes which might be imposed upon the premises during the term, by reason of any alterations, improvements or additions, which thereafter they might make upon them. The defendants succeeded to the…
1Opinion of the Court
By the Court.—Mohell, Ch. J.
If the order in this case can be reviewed by the general term, I think we should have no hesitation in reversing it.
A joint action is attempted by plaintiffs having diverse and separate interests. The covenant of the defendants, as respects the freehold lots, passed under the will to the devisee, and as respects the leasehold lots, to the executors. Either could enforce the covenant, or sue for a breach of it, to the extent of his interest ; and it may be questionable, at least, whether a joint action in behalf of the two, can be maintained.
■ 1STo separation is…
2Cases cited6 opinions
- Simar v. . CanadayNew York Court of Appeals · 1873
- Wood v. PerryNew York Supreme Court · 1847
- In re DuffNew York Court of Appeals · 1870
- Mead v. MaliNew York Supreme Court · 1857
- Field v. StewartThe Superior Court of New York City · 1870
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