Pickett v. . Bartlett
New York Court of Appeals
Appeal from judgment of the General Term of the Court ■of Common Pleas in and for the city and county of New York, entered upon an order made May 7,1885, which afiirmed a judgment in favor of defendants entered upon a verdict. (Beported below, 13 Daly, 229.) The nature of the action and the material facts are stated in the opinion. The term of a lease is fixed by the habendum clause, and cannot be increased by a covenant ■on the part of defendants alone.
Read the full summary
Appeal from judgment of the General Term of the Court ■of Common Pleas in and for the city and county of New York, entered upon an order made May 7,1885, which afiirmed a judgment in favor of defendants entered upon a verdict. (Beported below, 13 Daly, 229.) The nature of the action and the material facts are stated in the opinion. The term of a lease is fixed by the habendum clause, and cannot be increased by a covenant ■on the part of defendants alone. (McAdam on Landl. and Ten. 55, § 37; id. 187, § 103 ; Burchell v. Clark, 2 C. D. P. 88; Blair v. Osborne, 84 N. C. 419 ; 2 Platt on Leases,…
1Opinion of the CourtDanforth, J.
On the 1st day of November, 1880, the plaintiff’s assignor demised to the defendants certain premises, and among others a bonded warehouse known as the Baltic stores. The lease was executed by both parties and after a description of the property contained these words: “ To have and to hold the above described premises for the term of one year from the 1st day of November, A. D. 1880, yielding and paying therefor the rent of sixty-five hundred ($6,500) dollars per year. And the said party of the second part hereby agrees and promises to pay the said rent in equal quarterly payments, and to…
2Cases cited2 opinions
- Schuyler v. . SmithNew York Court of Appeals · 1873
- W. Trans. Co. of Buffalo v. . LansingNew York Court of Appeals · 1872
3Cited by9 opinions
- Regan v. FosdickAppellate Terms of the Supreme Court of New York · 1897
- Commonwealth Building Corp. v. HirschfieldAppellate Court of Illinois · 1940
- Garretson v. AveryWyoming Supreme Court · 1918
- Adams v. City of CohoesNew York Supreme Court · 1889
- Clark v. EldredNew York Supreme Court · 1889
4 more not listed; retrieve them via the Exa API.