Mayor of New-York v. Cashman
New York Supreme Court
THIS was an action of debt, brought to recover 125 dollars, being the amount of an assessment imposed on the defendant, as lessee of a lot of land in the 4th ward of the city of New-York, tinder the 11th section of the act for regulating the buildings, streets, &c. in the city of New-York, (sess. 24. c. 129.) passed' 3d April, 1801. The defendant gave a cognovit actionem for the sum demanded, subject to the opinion of the court, on the following case: The plaintiffs being…
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THIS was an action of debt, brought to recover 125 dollars, being the amount of an assessment imposed on the defendant, as lessee of a lot of land in the 4th ward of the city of New-York, tinder the 11th section of the act for regulating the buildings, streets, &c. in the city of New-York, (sess. 24. c. 129.) passed' 3d April, 1801. The defendant gave a cognovit actionem for the sum demanded, subject to the opinion of the court, on the following case: The plaintiffs being seised of the lot of ground, at the corner of Chatham and Dnane-streets, demised the same to the defendant, for the term…
1Per curiam
The demand falls within the plain sense and language of the covenant. The covenant extended to “ all taxes, assessments, impositions and payments, payable out of, and for the demised premises,” and the charge in question was such an assessment. The court cannot enter into any equitable considerations, when the instrument speaks for itself. The assessing imposed in this case, was made in pursuance of a statute in force when the lease was made, and which, we are to presume, was in the contemplation of the parties. In Bradbury v. Wright, (Doug. 624.) land was charged with a yearly rent “ without…
2Cited by4 opinions
- Ward v. . Union Trust Co.New York Court of Appeals · 1918
- Blake v. BakerMassachusetts Supreme Judicial Court · 1874
- Pettibone v. SmithSupreme Court of Pennsylvania · 1892
- Love Wife v. Howard Waterman v. SameSupreme Court of Rhode Island · 1859