Legal Opinion

French v. . New

New York Court of Appeals

Decided September 5, 1863PublishedCited by 9 opinions

This action was brought upon a lease of a farm and certain personal property, to recover damages for the breach of covenants in the lease and rent reserved therein for. the use of the farm. The lease was under seal. The defense to the action was that the claim for damages and rent had been submitted to arbitrators, who had made an award which •destroyed all rights of action oh the lease.

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This action was brought upon a lease of a farm and certain personal property, to recover damages for the breach of covenants in the lease and rent reserved therein for. the use of the farm. The lease was under seal. The defense to the action was that the claim for damages and rent had been submitted to arbitrators, who had made an award which •destroyed all rights of action oh the lease. The cause was tried at the Saratoga circuit in October, 1854, when the plaintiff was nonsuited. A new trial was denied, at the general term of the Supreme Court in the fourth district, and judgment was there…

1Opinion of the Court · BalcomBalcom, J.

The lease was for the term of three years. It expired on the first day of April, 1852. The annual rent was $425, and was payable one half on the 1st day of January, and the other half on the 1st day of April in each year. The defendant did not-pay the last two installments of the same. The lease bound the defendant to leave, at the expiration thereof, eight acres of rye growing on the farm, which he did not do; and the plaintiff proved that by reason thereof he sustained damages to the amount of $25.

According to the arbitration bonds, the parties were to submit the controversy between them to…

Also in this document: Opinion of the Court · Davies.

2Cases cited2 opinions

  1. Delacroix v. BulkleyNew York Supreme Court · 1834
  2. Suydam v. JonesNew York Supreme Court · 1833

3Cited by9 opinions

  1. In re the Arbitration between Helen Whiting, Inc. & Trojan Textile Corp.New York Court of Appeals · 1954
  2. The David Harley Co. v. BarnefieldSupreme Court of Rhode Island · 1900
  3. Schaefer v. GildeaSupreme Court of Colorado · 1876
  4. Hewitt v. Lehigh & Hudson River Railway Co.New Jersey Court of Chancery · 1899
  5. Copeland v. Wading River Reservoir Co.Massachusetts Supreme Judicial Court · 1870

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