Willard v. Tillman
New York Supreme Court
Error from the Cayuga common pleas. Willard sued Tillman in an action of covenant for the non-payment of rent, and declared upon an instrument made fey Tillman, on, the 22d November, 1833, whereby in consideration of a lease executed to him by one Stewart B. Kendrick, of three rooms in a building owned by one Myron C. Reed, and of a piece of land extending from the canal to the south bounds of Reed’s land, 200 feet on the canal from east to west, for a term commencing 15th…
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Error from the Cayuga common pleas. Willard sued Tillman in an action of covenant for the non-payment of rent, and declared upon an instrument made fey Tillman, on, the 22d November, 1833, whereby in consideration of a lease executed to him by one Stewart B. Kendrick, of three rooms in a building owned by one Myron C. Reed, and of a piece of land extending from the canal to the south bounds of Reed’s land, 200 feet on the canal from east to west, for a term commencing 15th December, 1833, and ending 1st May, 1837, the defendant covenanted to pay $90 per year, payable quarterly, so long as he…
1Opinion of the Court
By the Court,
Nelson, Ch. J.
The first special plea, 1 am of opinion, is defective. The declaration set forth an assignment of the lease to the plaintiff, and notice thereof to the lessee, and then averred the non-payment to him of the rent for three quarters, which subsequently accrued, and fell due 15th December, 1834, and on the fifteenth days of March and June, 1835, specifying the amount. There is a clause in the covenant lijcniting the payment of the rent as follows : “ So long as I shall be permitted to occupy the premises described in said lease in the manner therein set forth.” The…
2Cases cited2 opinions
- Gates & Colvin v. GreenNew York Court of Chancery · 1834
- Gillespie v. ThomasNew York Supreme Court · 1836
3Cited by6 opinions
- Warren v. WagnerSupreme Court of Alabama · 1883
- Van Rensselaer v. . ReadNew York Court of Appeals · 1863
- Tyler v. HeidornNew York Supreme Court · 1866
- Doupe v. GenninThe Superior Court of New York City · 1869
- Taylor v. HartMississippi Supreme Court · 1895
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