Lush v. Druse
New York Supreme Court
This was an action, of covenant for rent reserved in a lease, tried at the Otsego circuit in September, 1828, before the Hon. Samuel Nelson, one of the circuit judges.
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This was an action, of covenant for rent reserved in a lease, tried at the Otsego circuit in September, 1828, before the Hon. Samuel Nelson, one of the circuit judges. On the 4th February, 1789, Stephen Lush, the testator, executed a lease to Edward M’Donald in perpetuity of certain premises, described as “ all that certain lot of land distinguished and known by the name of lot number two, in the division of a tract of land situate, lying and being in the county of Montgomery, (now Otsego,) adjoinging a patent called Springfield; beginning at the south-east corner of a tract of land granted…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The objection to the sufficiency of the proof of the lease was correctly overruled; the testimony given was all that is required by the rules of evidence. (4 Johns. R. 467.) I can see no possible objection to the allowance of interest. The value of the wheat became due on the first of February in each year, in consequence of the default of the defendant in not delivering the wheat according to contract; and interest is as much the right of the creditor after the principal becomes payable as the principal itself.
The defendant objected to the sufficiency of the proof…
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