Prevot v. . Lawrence
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first, judicial district, affirming a judgment in favor of plaintiff, entered upon the decision of the court upon trial at circuit without a jury. This action was brought upon a guaranty in writing of the lessee’s covenants in a lease. The facts sufficiently appear in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first, judicial district, affirming a judgment in favor of plaintiff, entered upon the decision of the court upon trial at circuit without a jury. This action was brought upon a guaranty in writing of the lessee’s covenants in a lease. The facts sufficiently appear in the opinion. A sealed demise by á married woman of premises not belonging to her separate estate is void, and neither lessor nor tenant is estopped. ( Watkins v. Abrahams, 24 N. Y., 72; Yale v. Dederer, 22 id.; S. C., 18 id., 265; Erwin v. Downs, 15 id., 575;…
1Opinion of the Court
The complaint alleges that the plaintiff "did, on or about the fourth day of March, 1857, by an instrument of lease, partly printed and partly written, bearing date on that day, let unto Alice Morgan, and said Alice Morgan did hire of the plaintiff, certain portions of a house," etc., for the term of one year; that the defendant, by an instrument in writing, guaranteed the payment of the rent, and that Alice Morgan made default in the payment of the rent.
The answer does not deny any of the allegations of the complaint, but alleges that the plaintiff, at the date of the lease, was a married…
2Cases cited3 opinions
- Knapp v. . SmithNew York Court of Appeals · 1863
- Bank of Utica v. MersereauNew York Court of Chancery · 1848
- Sharpe v. KelleyNew York Supreme Court · 1848
3Cited by16 opinions
- Farnsworth v. . Boro Oil Gas Co.New York Court of Appeals · 1915
- Jones v. . FlemingNew York Court of Appeals · 1887
- Bertram v. CookMichigan Supreme Court · 1880
- Feinberg v. AllenAppellate Division of the Supreme Court of the State of New York · 1911
- Westervelt v. . AckleyNew York Court of Appeals · 1875
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