Conger v. . Duryee
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made May 28,1881, affirming a judgment in favor of plaintiffs, entered upon a verdict rendered by the direction of the court.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made May 28,1881, affirming a judgment in favor of plaintiffs, entered upon a verdict rendered by the direction of the court. (Reported below, 24 Hun, 617.) This was an action to recover possession of premises demised by a lease made on the 1st of May, 1850, for a term which would expire May 1, 1878. The action was begun September 12,1877. The defendant, Duryea, who is in possession as assignee of the lessee, alone answered. The lease contained a covenant, on the part of the…
1Opinion of the CourtTracy, J.
The question to be determined in this cáse is whether the plaintiffs at the time of the commencement of this action had a right of re-entry under the lease, or whether that right had been waived by the acceptance of the rent falling due May 1,1877, which accrued subsequent to the alleged forfeiture for the non-payment of the taxes. “ Where a right of re-entry is reserved for breach of some condition therein, or fora failure by the lessee to keep and perform the covenants to be kept and performed by him, it is well settled that the lease is voidable only, and may be affirmed by the landlord…
2Cases cited10 opinions
- Murray v. . HarwayNew York Court of Appeals · 1874
- Collins v. . HasbrouckNew York Court of Appeals · 1874
- Stuyvesant v. DavisNew York Court of Chancery · 1842
- Bleecker v. SmithNew York Supreme Court · 1835
- Jackson ex dem. Blanchard v. AllenNew York Supreme Court · 1824
5 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Woollard v. Schaffer Stores Co.New York Court of Appeals · 1936
- Chase v. Knickerbocker Phosphate Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Palmer v. City Livery Co.Wisconsin Supreme Court · 1897
- Durand & Co. v. Howard & Co.Court of Appeals for the Second Circuit · 1914
- Clark v. GreenfieldNew York Court of Common Pleas · 1895
19 more not listed; retrieve them via the Exa API.