Clark v. Jones
Court for the Trial of Impeachments and Correction of Errors
Error to the superior court of the city of New-York. Scire facias in the court below by Jones and others, executors of John Mason, against Redmond and Clark. The suggestion of the writ was, that in October term, 1842, the'plaintiffs, as executors of Mason, recovered a judgment in the superior court against Redmond and Clark for $3300 of debt, besides costs.
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Error to the superior court of the city of New-York. Scire facias in the court below by Jones and others, executors of John Mason, against Redmond and Clark. The suggestion of the writ was, that in October term, 1842, the'plaintiffs, as executors of Mason, recovered a judgment in the superior court against Redmond and Clark for $3300 of debt, besides costs. The judgment was recovered on the bond of the defendants, Redmond and Clark, to Mason, dated 25th January, 1833, in the sum of $3300, with a recital that Mason had made a lease of certain premises to Redmond for the term of ten years from…
1Opinion of the Court
By the Court, Bronson, Ch. J.
Where there is a condition in a lease that upon the neglect of the tenant to pay rent, or for some other default or improper conduct on his part, the lease shall cease and, determine, or shall become null and void, the neglect to pay rent, or the like, does not render the lease absolutely void. It is void as to the estate and interest of the lessee, who has done the wrong. But as to the lessor, the lease is voidable only. He may dispense with the forfeiture, and affirm the continuance of the lease. A distinction in relation to the effect of the forfeiture was…
2Cases cited1 opinion
- Bendernagle v. CocksNew York Supreme Court · 1838
3Cited by30 opinions
- Viele v. Germania InsuranceSupreme Court of Iowa · 1868
- Masonic Mutual Benefit Ass'n v. BeckIndiana Supreme Court · 1881
- Wills v. Manufacturers N. Gas Co.Supreme Court of Pennsylvania · 1889
- Garnhart v. FinneySupreme Court of Missouri · 1867
- Guffy v. HukillWest Virginia Supreme Court · 1890
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