Louisville & N. R. R. v. Schmidt
Court of Appeals of Kentucky
Case 83 — Action to Recover Damages for Breach of a Covenant in a Lease. — APPEAL FROM SHELBY CIRCUIT COURT. Judgment for Plaintiffs and Defendants Appeal.
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Case 83 — Action to Recover Damages for Breach of a Covenant in a Lease. — APPEAL FROM SHELBY CIRCUIT COURT. Judgment for Plaintiffs and Defendants Appeal. POINTS AND AUTHORITIES.- 1. A mortgagee can not maintain an action -against the tenant of his mortgagor on a covenant in the tenant’s lease hy which he agrees to restore the property to his landlord in good •order at the termination of the lease. 2. One not entitled to the possession of the property at the termination of the lease can not maintain an action on such a covenant. 3. According to the modern doctrine in Kentucky, both at…
1Opinion of the Court
Opinion- of the court by
JUDGE HOBSON —
Affirming.
In the year 1879 an arrangement was made by which the Louisville, -Cincinnati & Lexington Railway Company took a lease for 30 years upon the Northern Division of the Cumberland & Ohio Railroad, which was then unfinished, *721and the latter company, executed a mortgage to secure $250,000 of bonds. The bonds were delivered by the Cumberland & Ohio Railroad Company to the Louisville, Cincinnati & Lexington Railway Company for sale, and the proceeds of the sale were to be used by it in the construction of the railroad. It was stipulated in the lease to…
2Cases cited8 opinions
- Teal v. WalkerSupreme Court of the United States · 1884
- Paducah Lumber Co. v. Paducah Water Supply Co.Court of Appeals of Kentucky · 1889
- Hall v. Scott's Adm'rCourt of Appeals of Kentucky · 1890
- Schmidtz v. L. & N. R. R.Court of Appeals of Kentucky · 1897
- M'Kirhcer v. HawleyNew York Supreme Court · 1819
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Albin Co. v. CommonwealthCourt of Appeals of Kentucky · 1908
- Chesapeake & Ohio Railway Co. v. Wadsworth Electric Manufacturing Co.Court of Appeals of Kentucky (pre-1976) · 1930
- Klenekole Mining Co. v. LuskCourt of Appeals of Kentucky (pre-1976) · 1932
- Schmidt v. L. & N. R. R.Court of Appeals of Kentucky · 1910
- Gregory v. Harlan Home Coal Co.Court of Appeals of Kentucky · 1918
2 more not listed; retrieve them via the Exa API.