Legal Opinion

Lyon v. . Odell

New York Court of Appeals

Decided January 5, 1875PublishedCited by 5 opinions

Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts are sufficiently stated in the opinion. The contract was released and discharged. (51 N. Y., 13; Cent.

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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts are sufficiently stated in the opinion. The contract was released and discharged. (51 N. Y., 13; Cent. Bk. v. Heydorn, 48 id., 260 ; Belmont v. O’Brien, 12 id., 394; Jackson v. Wood, 12 J. R., 245; Jackson v. Pratt, 10 id., 392.) The deeds to third persons did not repel the presumption of release. (Wakeman v. Sherman, 9 N. Y., 91; 2 Story Eq. Jur., § 152 a; Chever v. Perley, 11…

1Opinion of the Court

Reynolds, C.,

The action, was brought for rents reserved in a perpetual lease or conveyance in fee, given by Stephen Van Rennselaer to one Young, of land in the county of Rensselaer, and bears date on the 22d day of August, 1805. In the lease, Young, for himself, his heirs and assigns, covenanted to pay the rent reserved, and, in case of non-payment of rent, Van Rensselaer, his heirs and assigns, had a right of distress, and, if there should be found no sufficient distress, then a right of re-entry into the land. By the 10th day of April, 1861, the right of Van Rensselaer, under the said…

2Cases cited2 opinions

  1. Jackson ex dem. Schaick v. DavisNew York Supreme Court · 1825
  2. Central Bank of Troy v. . HeydornNew York Court of Appeals · 1872

3Cited by5 opinions

  1. Bradt v. . ChurchNew York Court of Appeals · 1888
  2. Kavanaugh v. Cohoes Power & Light Corp.New York Supreme Court · 1921
  3. Bradt v. ChurchNew York Supreme Court · 1886
  4. Bradt v. ChurchNew York Supreme Court · 1886
  5. Illinois Steel Co. v. BudziszWisconsin Supreme Court · 1909

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