Kingsbury v. . Westfall
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon a verdict. This action was upon a guaranty. On the 13th of September, 1855, the plaintiff leased to Messrs.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon a verdict. This action was upon a guaranty. On the 13th of September, 1855, the plaintiff leased to Messrs. Hilliard '& Bourne a village lot, with the buildings thereon, situate in the village of Lyons, Wayne county, for the term of five years, commencing on the first day of October then next; to which lease Alexander B. Williams, the defendant’s testator, appended his guaranty, guaranteeing the payment, by the lessees, of the rent reserved…
1Opinion of the Court
Gray, C.
The lease to Hilliard & Bourne of the village lot, with the buildings thereon, gave them an interest in the land upon which the buildings stood, susceptible of some beneficial enjoyment by them after the buildings were destroyed by fire, and hence they were not, by the loss of the buildings, released from their obligation to pay the rent reserved. (Hallett v. Wylie, 3 J. R., 44, 47, 48; Graves v. Berdan, 26 N. Y., 498.) The offered proofs of the destruction of the buildings by fire, as well as .of the slight annual value of the lot without the buildings, was, so far as it related to…
2Cases cited4 opinions
- Graves v. . BerdanNew York Court of Appeals · 1863
- The People v. . VilasNew York Court of Appeals · 1867
- Grant v. . SmithNew York Court of Appeals · 1871
- Wright v. JohnsonNew York Supreme Court · 1832
3Cited by24 opinions
- Viterbo v. FriedlanderSupreme Court of the United States · 1887
- In re Sherwoods, Inc.Court of Appeals for the Second Circuit · 1913
- Schoonover v. Osborne Bros.Supreme Court of Iowa · 1899
- Markland Mining & Manufacturing Co. v. KimmelIndiana Supreme Court · 1882
- John F. Tomlin, Trustee v. The Ceres Corporation, Harry I. Neuman, Defendant-Third-Party Mitchell T. Curtis & Co., Inc., Third-PartyCourt of Appeals for the Third Circuit · 1975
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