Legal Opinion

M'Geehan v. M'Laughlin

The Superior Court of New York City

Decided August 15, 1828PublishedCited by 4 opinions

Covenant, upon a special agreement, for the use and tion of a house during the term of three years. In addition to other and ordinary stipulations, the instrument provided, that the defendant should pay the plaintiff “for all necessary repairs put upon the premises” during the term aforesaid.

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Covenant, upon a special agreement, for the use and tion of a house during the term of three years. In addition to other and ordinary stipulations, the instrument provided, that the defendant should pay the plaintiff “for all necessary repairs put upon the premises” during the term aforesaid. The breach assigned in the declaration was, that the defendant did not, nor would, “after the said agreement, and during the said demise, and “ whilst she was possessed of the said demised premises, with the “ appurtenances as aforesaid, pay, or cause to be paid, to the said “ plaintiff, the repairs that…

1Opinion of the CourtJones, Chief Justice

This is a general demurrer to a declaration in covenant, by the lessor against the lessee, upon an indenture of lease, for not paying the plaintiff for necessary repairs put by him upon the premises, and which the defendant was to pay for according to the terms and effect of the covenant of the defendant, the lessee, in the lease contained.

The objections taken at the bar to this declaration, in support of the demurrer are, that it does not appear by way of allegation or averment, that any repairs were necessary, or that the plaintiff ehher made any himself, or paid for the making of any…

2Cited by4 opinions

  1. Marston v. HobbsMassachusetts Supreme Judicial Court · 1807
  2. Glover v. TuckNew York Supreme Court · 1840
  3. Wait v. MaxwellMassachusetts Supreme Judicial Court · 1826
  4. Brown v. StebbinsCourt for the Trial of Impeachments and Correction of Errors · 1843

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