Stern v. Sawyer
Supreme Court of Vermont
Covenant on a contract of suretyship1. Pleas, non est factum with notice thereunder, and six special pleas in bar. Heard on a general demurrer to each plea, and on a motion to dismiss the notice at the December Term, 1904, Caledonia County, Tyler, J., presiding. Without hearing and strictly pro forma, demurrers overruled, pleas adjudged sufficient, and motion to dismiss the notice overruled. The plaintiff excepted.
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Covenant on a contract of suretyship1. Pleas, non est factum with notice thereunder, and six special pleas in bar. Heard on a general demurrer to each plea, and on a motion to dismiss the notice at the December Term, 1904, Caledonia County, Tyler, J., presiding. Without hearing and strictly pro forma, demurrers overruled, pleas adjudged sufficient, and motion to dismiss the notice overruled. The plaintiff excepted. The opinion states the case arid the substance of the pleas and notice. An actual eviction of a tenant from part of the premises leased will not bar the landlord’s action for rent,…
1Opinion of the CourtTyrER, J.
On March 19, 1902, the plaintiff executed and delivered to F. N. Keeler a lease of the St. Johnsbury House, with its furniture and fixtures and a large lot of land connected with the hotel, at a monthly rental of $112.50. The plaintiff covenanted to put the hotel in good repair, to furnish it suitably and pay all the taxes and insurance. The term was to begin when the hotel was repaired and furnished and continued three or five years at the option of the lessee, *8who was to quietly occupy and enjoy the property provided he kept his covenants.
The lessee covenanted that he would occupy the…
2Cases cited10 opinions
- Prairie State Bank v. United StatesSupreme Court of the United States · 1896
- Reese v. United StatesSupreme Court of the United States · 1870
- Griswold v. HazardSupreme Court of the United States · 1891
- Page v. . KrekeyNew York Court of Appeals · 1893
- Warren v. LyonsMassachusetts Supreme Judicial Court · 1890
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3Cited by19 opinions
- Commonwealth v. Monumental Properties, Inc.Supreme Court of Pennsylvania · 1974
- American Bonding Co. of Baltimore v. Pueblo Inv. Co.Court of Appeals for the Eighth Circuit · 1906
- Berlin Development Corp. v. Vermont Structural Steel Corp.Supreme Court of Vermont · 1968
- Rogers v. MartinSupreme Court of Florida · 1924
- Center 48 Ltd. v. May Dept. StoresNew Jersey Superior Court Appellate Division · 2002
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