Lansing v. Van Alstyne
New York Supreme Court
This was an action of covenant, tried at the Herkimer circuit, in September, 1837, before the Hon. Nathan Williams, one of the circuit judges.
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This was an action of covenant, tried at the Herkimer circuit, in September, 1837, before the Hon. Nathan Williams, one of the circuit judges. The plaintiff declared upon a lease of 60 acres of land, bearing date the 7th November, 1791, executed by the plaintiff and Abraham G. Lansing to one George Riccard for three lives, reserving an annual rent of $20. The plaintiff averred an assignment to him of all the interest and estate of A. G. Lansing by indenture, bearing date the 19th Septemher, 1813, and that all the estate, &c. of George Riccard in the premises came to the defendant by…
1Opinion of the Court
By the Court, Savage, Ch. J.
The first question is, who held the affirmative of the issue joined % In my judgment, the plaintiff did. In his declaration, he asserts affirmatively several facts: the making the lease, the transfer to him by his co-lessor, and the assignment to defendant. The defendant *563takes issue upon one fact only, viz. the assignment to himself. This averment, then, is denied, and, of course, the others are admitted. But as to this, it seems to me plain that the A plaintiff must prove the fact which he has asserted, and which the defendant has denied to be true. The judge…
2Cited by9 opinions
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- Kellog v. PlattSupreme Court of New Jersey · 1869
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