Patterson v. Ackerson
New York Court of Chancery
The complainant filed his bill in this cause to redeem a mortgage given by him to the defendants as collateral security for rent payable under a lease made by the défendants to him of a manufacturing establishment in Rockland County, consisting of a factory with its machinery, about five acres of land, and buildings erected thereon.
Read the full summary
The complainant filed his bill in this cause to redeem a mortgage given by him to the defendants as collateral security for rent payable under a lease made by the défendants to him of a manufacturing establishment in Rockland County, consisting of a factory with its machinery, about five acres of land, and buildings erected thereon. The demise was for the term of seven years from the twentieth day of August, one thousand eighth hundred and twenty-one, at an annual rent of six hundred dollars, payable quarterly, during the term; but, by a subsequent agreement, the rent was reduced to five…
1Opinion of the Court
The Vice-Chancellor.
The main question which this case presents is, whether the complainant is liable for any rent after the destruction of the factory by fire, in consequence of his refusal to give up the possession to the defendants, his lessors ?
There is no difficulty as to the law arising from the covenants contained in the lease. Under the covenant to repair and surrender the premises at the expiration of the term in good condition, the complainant would have been liable to rebuild after the accidental fire, had he not protected himself by the exception; and but for the additional saving,…
2Cases cited1 opinion
- Langworthy & Clark v. SmithNew York Supreme Court · 1829
3Cited by8 opinions
- In re the Probate of the Will of JackmanWisconsin Supreme Court · 1870
- Warner v. HitchinsNew York Supreme Court · 1849
- Hunt ex rel. City of Streator v. EvansIllinois Supreme Court · 1890
- Brown v. United StatesSupreme Court of the United States · 1814
- Brown v. United StatesSupreme Court of the United States · 1814
3 more not listed; retrieve them via the Exa API.