Van Rensselaer's Heirs v. Penniman
New York Supreme Court
This cause was submitted to the court, on a case made by consent, on written arguments. John Van Rensselaer, an ancestor of the plaintiffs, being seized as tenant in fee-tail of a certain estate at Greenbush, opposite Albany, on the 26th April, 1766, executed a lease to Henry Cuyler, of seventeen acres of land, part of the said estate, for three lives, to wit, the lives of the lessee, of John I. Van Rensselaer, the grandson of the lessor, and one Robert Van Rensselaer,…
Read the full summary
This cause was submitted to the court, on a case made by consent, on written arguments. John Van Rensselaer, an ancestor of the plaintiffs, being seized as tenant in fee-tail of a certain estate at Greenbush, opposite Albany, on the 26th April, 1766, executed a lease to Henry Cuyler, of seventeen acres of land, part of the said estate, for three lives, to wit, the lives of the lessee, of John I. Van Rensselaer, the grandson of the lessor, and one Robert Van Rensselaer, reserving an annual rent of $30. In the lease was contained a covenant, on t^e par¿ 0f the lessor, in these words : “ That if…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The first and principal question in this case is whether the acceptance of the second lease was a surrender of the first.
It seems to be well settled, that if a lessee accepts a new lease of the same premises during the term in the first lease, the first is deemed to be virtually surrendered. The cases are collected and commented on in Roberts on Frauds, 254, and onwards. The reason is, that the acceptance of the new lease admits the capacity of the lessor to make such new lease, which he could not have, without a surrender of the first lease. This effect, it is…
2Cited by29 opinions
- Bedford v. . TerhuneNew York Court of Appeals · 1864
- Coe v. . HobbyNew York Court of Appeals · 1878
- Schieffelin v. CarpenterNew York Supreme Court · 1836
- Telford v. FrostWisconsin Supreme Court · 1890
- Kelso v. KellyNew York Court of Common Pleas · 1860
24 more not listed; retrieve them via the Exa API.