Zule v. Zule
New York Supreme Court
Apportionment of rent. The plaintiff declared in covenant for that on the 1st February, 1838, an indenture of lease was executed by him and the defendant, whereby he demised to the defendant a certain farm together with the use of all the farming utensils and stock, (as aforesaid appraised by • the appraisers in 1832) for the term of five years, from 1st April, 1838, subject to an annual rent of $100, to be paid semi-annually.
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Apportionment of rent. The plaintiff declared in covenant for that on the 1st February, 1838, an indenture of lease was executed by him and the defendant, whereby he demised to the defendant a certain farm together with the use of all the farming utensils and stock, (as aforesaid appraised by • the appraisers in 1832) for the term of five years, from 1st April, 1838, subject to an annual rent of $100, to be paid semi-annually. It was further alleged *in the declaration that the plaintiff reserved [ *77 ] the right to sell the whole or any part of the described premises at any time previous to…
1Opinion of the Court
By the Court,
Cowen, J.
The suit appears by the memorandum, to have been commenced in July.term, 1839, and the declaration claims rent to the seventh day of that month. The memorandum being general of that term relates to the first day, which preceded the seventh. This would [ *78 ] be a *fatal objection in arrest on a general report, were it not for its appearing from Mr. Frothingham’s afiidavit that the suit was in truth commenced late as August, 1839. We might be warranted, therefore, in allowing the memorandum to be amended, and made special, so as to state the true time. That, we ought to…
2Cited by18 opinions
- Vinson v. Greenburgh Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1968
- Chamberlain v. . PrattNew York Court of Appeals · 1865
- Bronson v. WimanNew York Supreme Court · 1851
- Nehls v. SauerSupreme Court of Iowa · 1903
- Anderson v. RobbinsSupreme Judicial Court of Maine · 1890
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