Pollard v. Shaffer
Supreme Court of the United States
Covenant. The plaintiff, and one Martha Green (now deceased), made a lease by indenture, dated the 1st of March 1773, of a sugar-house, &c., to John William Hoffman, and his assigns, for five years, at 701. per annum, payable quarterly. The lessee covenanted for himself, his executors, administrators and assigns, to keep the demised premises in good repair, and to deliver them up to the plaintiff, at the end of the term, in such good repair, &c.
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Covenant. The plaintiff, and one Martha Green (now deceased), made a lease by indenture, dated the 1st of March 1773, of a sugar-house, &c., to John William Hoffman, and his assigns, for five years, at 701. per annum, payable quarterly. The lessee covenanted for himself, his executors, administrators and assigns, to keep the demised premises in good repair, and to deliver them up to the plaintiff, at the end of the term, in such good repair, &c. John William Hoffman assigned the lease to the defendant, who entered into the premises. The breach alleged in this action was, that the defendant…
1Opinion of the Court
and on the 6th of October, the chief justice pronounced the ^judgment of the court : Mr. *211] Justice Rush having declined to give any opinion, as he had been of counsel with the plaintiff in this cause, before he took his seat upon the bench.
McKean, Chief Justice.
Two questions were made in this cause : 1st. Whether the defendant, as assignee of the lease, is bound by the covenant to repair, as well as the lessee ? And 2d. Whether the special matter pleaded, is sufficient in law to bar the plaintiff ?
With respect to the first question, we are clear in our opinion, that the covenant to repair,…
2Cases cited5 opinions
- Harmony v. . BinghamNew York Court of Appeals · 1854
- Piggot v. MasonNew York Court of Chancery · 1829
- Kershaw v. SuppleeSupreme Court of Pennsylvania · 1829
- Herbaugh v. ZentmyerSupreme Court of Pennsylvania · 1828
- Wilkinson v. PettitNew York Supreme Court · 1866
3Cited by28 opinions
- Krause v. Brd. of Trustees of the School CrothersvilleIndiana Supreme Court · 1904
- Church v. RulandSupreme Court of Pennsylvania · 1870
- Seitzinger v. RidgwaySupreme Court of Pennsylvania · 1840
- Henderson v. HaysSupreme Court of Pennsylvania · 1834
- Workman v. MifflinSupreme Court of Pennsylvania · 1858
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