Legal Opinion

Executors of Dubois v. Van Orden

New York Supreme Court

Decided May 15, 1810PublishedCited by 3 opinions

THIS was an action of covenant, for the non-payment of rent, on a lease. The declaration, after setting forth a lease from H. Dubois, the testator, to Peter Dubois, and an assignment thereof by him to the defendant, stated, “ that after the defendant became and was possessed of the premises, &c. by assignment thereof, to wit, on the 1st May. 1806, 100 dollars of the rent aforesaid, for ' one year, after the said demised term elapsed, since the , - , , , r , defendant so…

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THIS was an action of covenant, for the non-payment of rent, on a lease. The declaration, after setting forth a lease from H. Dubois, the testator, to Peter Dubois, and an assignment thereof by him to the defendant, stated, “ that after the defendant became and was possessed of the premises, &c. by assignment thereof, to wit, on the 1st May. 1806, 100 dollars of the rent aforesaid, for ' one year, after the said demised term elapsed, since the , - , , , r , defendant so became possessed ot the premises, by assignment, as aforesaid, on that day, in the year aforesaid, became, and was due and…

1Per curiam

The three first causes of demurrer are frivolous. The last is the only one that merits any attention. The declaration was taken from 1 Richardson’s Practice, C. B. 329. a book of approved precedents, and it is, no doubt, according to the usual form in such cases. (Doug. 183. Holford v. Hatch, and 1 Lutw. 351. Lamplugh v. Skiers.) The precedent in Lutwyche, is also in point, and a sufficient authority for the pleading. When the declaration avers, that the rent accrued subsequent to the assignment to the defendant, was due and owing to the testator, and still remains wholly in arrear, and…

2Cited by3 opinions

  1. M'Murphy v. MinotSuperior Court of New Hampshire · 1827
  2. Cowan v. ShieldsTennessee Superior Court for Law and Equity · 1804
  3. Lomax v. Spear & ThomasonSupreme Court of Alabama · 1874

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