Legal Opinion

Hale v. Omaha National Bank

The Superior Court of New York City

Decided February 4, 1871Published

The plaintiff’s assignor is a corporation of the State of Nebraska. The complaint substantially states that such corporation of Nebraska, known as “The Credit Foneier of America,” on or about June 22, 1867, made and executed to and with Edward Cozzens and John M. Bettman, a certain lease for a hotel and premises in the city of Omaha, to be kept by lessees, and known as “Cozzens’ Hotel;” of which lease a full copy is set forth, and by the terms and conditions of which, it…

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The plaintiff’s assignor is a corporation of the State of Nebraska. The complaint substantially states that such corporation of Nebraska, known as “The Credit Foneier of America,” on or about June 22, 1867, made and executed to and with Edward Cozzens and John M. Bettman, a certain lease for a hotel and premises in the city of Omaha, to be kept by lessees, and known as “Cozzens’ Hotel;” of which lease a full copy is set forth, and by the terms and conditions of which, it appears that “The Credit Foncier” did lease certain hotel premises, and hotel •buildings, then in course of erection…

1Opinion of the Court

By the Court.—Spencer, J.

The main question in this case for the consideration of the court depends upon the construction of the following clause and covenant on the part of the lessees, contained in said lease: “ And the said lessees, in consideration of the leasing aforesaid, do hereby covenant and agree to pay as rent for said premises the sum of ten thousand five hundred dollars per annum, payable as follows—namely, one thousand dollars at the date of signing this lease, one thousand six hundred and twenty-five dollars three months from the date of the commencement of this lease, and two…

2Cases cited1 opinion

  1. Wood v. LesterNew York Supreme Court · 1859

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