Legal Opinion

Van Rensselaer's Executors v. Gallup

New York Supreme Court

Decided May 15, 1848PublishedCited by 20 opinions

Covenant, tried at the Albany circuit in February, 1845, before Parker, Cir. J. The declaration set out a conveyance in fee, dated the 29th day of February, 1790, by Stephen Tan Rensselaer, now deceased, to Philip Eater, of certain premises in the conveyance mentioned, reserving to the grantor, his heirs, &c. an annual rent of 25 skipples of good merchantable winter wheat, and four fat fowls, to be delivered at the mansion house of the grantor, and one day’s service with…

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Covenant, tried at the Albany circuit in February, 1845, before Parker, Cir. J. The declaration set out a conveyance in fee, dated the 29th day of February, 1790, by Stephen Tan Rensselaer, now deceased, to Philip Eater, of certain premises in the conveyance mentioned, reserving to the grantor, his heirs, &c. an annual rent of 25 skipples of good merchantable winter wheat, and four fat fowls, to be delivered at the mansion house of the grantor, and one day’s service with carriage and horses ; said payments to be made on the second day of January in each year; that Eater entered, and that…

1Opinion of the Court

Beardsley, Ch. J.

This is an action of covenant for rent claimed to be due from the defendant, as assignee of an estate demised by the plaintiff’s testator to Philip Bater in 1790.

The defendant pleaded two pleas: 1. That the indenture mentioned in the declaration was not the deed of Philip Bater. Upon this plea no question of law arose at the trial, and it calls for no remark whatever. 2. It is alleged in the declaration that all the estate, right, title and interest of the said Bater, of, in and to the said demised premises with the appurtenaces, by assignment thereof, legally came to and…

2Cases cited5 opinions

  1. Van Rensselaer v. BradleyNew York Supreme Court · 1846
  2. Gillespie v. ThomasNew York Supreme Court · 1836
  3. Byrne v. BeesonMichigan Supreme Court · 1843
  4. Lansing v. Van AlstyneNew York Supreme Court · 1829
  5. Norton v. VulteeThe Superior Court of New York City · 1828

3Cited by20 opinions

  1. Cummings v. . MorrisNew York Court of Appeals · 1862
  2. Van Rensselaer v. . HaysNew York Court of Appeals · 1859
  3. Davis v. . MorrisNew York Court of Appeals · 1867
  4. Board of Commissioners v. JamesonIndiana Supreme Court · 1882
  5. New Amsterdam Casualty Co. v. National Union Fire Insurance Co. of PittsburghNew York Court of Appeals · 1935

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