De Zeng v. Bailey
New York Supreme Court
Demurrer to plea. The plaintiff declared in covenant, on a lease of certain demised premises, by which the defendants bound themselves to pay a certain rent and the taxes. The plaintiff averred that on 30th April, 1839, the sum of $73,33 of rent was in arrear, and that he had been obliged to pay $59 for taxes assessed on the demised premises.
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Demurrer to plea. The plaintiff declared in covenant, on a lease of certain demised premises, by which the defendants bound themselves to pay a certain rent and the taxes. The plaintiff averred that on 30th April, 1839, the sum of $73,33 of rent was in arrear, and that he had been obliged to pay $59 for taxes assessed on the demised premises. Bogue was not arrested, the other defendants were, and put in various pleas, amongst others, that before the rent claimed had accrued, and before the taxes paid by the plaintiff had been imposed, to wit, on the 1st January, 1829, the plaintiff, in…
1Opinion of the Court
By the Court,
Nelson, J.
The first objection taken to the plea demurred to is, that it does not set forth any agreement on the part of Bogue to relinquish to Reynolds his interest as a co-partner with the other defendants ; or that lie did so relinquish at the request of the plaintiff, and that therefore the promise of the plaintiff was without consideration and void. The objection, I think well taken; one or the other of these allegations ought to have been averred to make the agreement between the parties mutual and binding. For aught that appears it was wholly optional with Bogue to perform…
2Cited by17 opinions
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- Benjamin v. McConnellIllinois Supreme Court · 1847
- Moore v. PaineNew York Supreme Court · 1834
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