Roosevelt v. . Hopkins
New York Court of Appeals
This was an action for an alleged breach of the covenants" in a lease of premises Ho. 168£ Fulton street, Hew York. The second clause in the lease provided “ that the said party of the second part should not, during the continuance of the ‘ term, demise, sell, underlet or assign over the said premises to any person or persons whatsoever, or for. any term or time whatsoever, or make alterations on said premises, or suffer or permit to be carried on therein any business, trade…
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This was an action for an alleged breach of the covenants" in a lease of premises Ho. 168£ Fulton street, Hew York. The second clause in the lease provided “ that the said party of the second part should not, during the continuance of the ‘ term, demise, sell, underlet or assign over the said premises to any person or persons whatsoever, or for. any term or time whatsoever, or make alterations on said premises, or suffer or permit to be carried on therein any business, trade or occupation, other than herein mentioned, without consent-1 in writing from the party of the first part first had and…
1Opinion of the CourtPortee, J.
The dissolution of the partnership of the defendants was not a breach of their covenant, and subjected them to no new liabilities to the plaintiff. (Hoffman, v. Ætna Insurance Company, 32 N. Y., 405.) They neither demised, sold, underlet nor assigned the entire property embraced in the lease. They were not prohibited from subletting portions of the premises; and the exercise of this right, therefore, gave no cause of action to the plaintiff. The business conducted by some of the subtenants was more hazardous than that specified in the lease; and, under one of its provisions, the plaintiff was…
2Cases cited1 opinion
- Hoffman v. Ætna Fire InsuranceNew York Court of Appeals · 1865
3Cited by23 opinions
- Trubowitch v. Riverbank Canning Co.California Supreme Court · 1947
- Eten v. . LuysterNew York Court of Appeals · 1875
- Presby v. . BenjaminNew York Court of Appeals · 1902
- Denecke v. Henry F. Miller & SonSupreme Court of Iowa · 1909
- White v. Huber Drug Co.Michigan Supreme Court · 1916
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