Allen v. Culver
New York Supreme Court
Motion to set aside the report of referees, and also in arrest of judgment. The action was covenant for the non-payment of rent and for the breach of covenants in the lease, brought by the grantees of the reversion against the defendant, who, by a separate instrument, became surety for the lessee.
Read the full summary
Motion to set aside the report of referees, and also in arrest of judgment. The action was covenant for the non-payment of rent and for the breach of covenants in the lease, brought by the grantees of the reversion against the defendant, who, by a separate instrument, became surety for the lessee. The declaration set out a lease dated February 17th, 1837, from Arthur Hirst and Ann his wife to William H. Culver, for certain premises described therein, situated in Brooklyn, with the buildings and fixtures thereon, known as the Nassau Whiting Factory, for the term of five years and one month…
1Opinion of the Court
By the Court, Jewett, J.
It is not disputed, but that the plaintiffs as assignees of the lessor and grantees of the reversion are entitled as against W. H. Culver, the lessee, to recover-the full amount of the unpaid rent reserved by the lease, to the time of the fire. The whole amount of rent then due exclusive of interest, if no part had been paid, was $5347. The referees reported this sum against the defendant, with interest, after the' same became payable by the terms of the lease, amounting in the whole at the date of the report to $7516,83.
The defendant insists that the rent to the time…
2Cases cited11 opinions
- United States v. KirkpatrickSupreme Court of the United States · 1824
- Trustees of Watertown v. Cowen & BaggNew York Court of Chancery · 1834
- Norman v. WellsNew York Supreme Court · 1837
- Seymour & Bouck v. Van SlyckNew York Supreme Court · 1832
- Mitchell v. WarnerSupreme Court of Connecticut · 1825
6 more not listed; retrieve them via the Exa API.
3Cited by62 opinions
- Fourth Street Bank of Philadelphia v. YardleySupreme Court of the United States · 1897
- Bedford v. . TerhuneNew York Court of Appeals · 1864
- Carson v. Federal Reserve BankNew York Court of Appeals · 1930
- Webster v. NicholsIllinois Supreme Court · 1882
- Truscott v. . KingNew York Court of Appeals · 1852
57 more not listed; retrieve them via the Exa API.