Legal Opinion

Van Rensselaer v. . Hays

New York Court of Appeals

Decided March 5, 1859PublishedCited by 47 opinions

1Opinion of the Court

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The defendant's position is, that the covenant for the payment of the rent is, in law, personal between the grantor and grantee, or what is sometimes called in the books a covenant in gross, and, consequently, that after the death of the original parties, no action to recover rent can be maintained in favor of or against any persons except their respective executors or administrators. As the law contemplates that the estates of deceased persons shall be speedily…

2Cases cited17 opinions

  1. Bogardus v. Trinity ChurchNew York Court of Chancery · 1833
  2. King v. RootCourt for the Trial of Impeachments and Correction of Errors · 1829
  3. Demarest v. WillardNew York Supreme Court · 1828
  4. Childs v. ClarkNew York Court of Chancery · 1848
  5. Ingersoll v. SergeantSupreme Court of Pennsylvania · 1836

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3Cited by47 opinions

  1. Carma Developers (California), Inc. v. Marathon Development California, Inc.California Supreme Court · 1992
  2. Sullivan v. . RossonNew York Court of Appeals · 1918
  3. Oneida Indian Nation of New York, Cross v. State of New York, Counties of Broome, Chenango, Cortland, Herkimer, Jefferson, Lewis, Madison, Oswego, Oneida, Onondaga, St. Lawrence and Tioga, Individually and as Class Representatives, Cross-Appellants. Oneida Indian Nation of Wisconsin and Oneida of the Thames Band, Plaintiffs- Cross-Appellees v. State of New York, Counties of Broome, Chenango, Cortland, Herkimer, Jefferson, Lewis, Madison, Oneida, Onondaga, Oswego, St. Lawrence and Tioga, New York, and Valentine Ryan, New York Electric & Gas Corp., St. Regis Paper Co., and Georgia Pacific Corp., Individually and as Class Representatives, Cross-AppellantsCourt of Appeals for the Second Circuit · 1982
  4. Robertson v. StateCourt of Criminal Appeals of Texas · 1911
  5. Mygatt v. . CoeNew York Court of Appeals · 1891

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