La Farge v. Mansfield
New York Supreme Court
THIS was an action on a guaranty. The plaintiff executed a lease to Joseph A. Weibel and William S. Glirehugh, for the term of five and a half years, and the defendants executed a guaranty on behalf of the lessees. The premises were certain rooms in the La Large Hotel. The lease provided that, if the premises should be rendered untenantable by fire, the term should thereupon immediately cease.
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THIS was an action on a guaranty. The plaintiff executed a lease to Joseph A. Weibel and William S. Glirehugh, for the term of five and a half years, and the defendants executed a guaranty on behalf of the lessees. The premises were certain rooms in the La Large Hotel. The lease provided that, if the premises should be rendered untenantable by fire, the term should thereupon immediately cease. The term was to commence on the 1st day of November, 1853, and the building was destroyed by fire on the 7th day of January, 1854. The plaintiff claimed rent from November 1,1853, to January 7, 1854.…
1Opinion of the CourtPratt, J.
It is pretty difficult to ascertain, from the exceptions, what point the counsel for the defehdants designed to raise, and the points upon which the case was put to the jury. The principal witness for the defendants testified that, before the time for the commencement of the term, the tenants were allowed to occupy the premises for the purpose of preparing them for their business) and that they so occupied them, in conjunction with the workmen of the plaintiff, up to the time of the fire; but that the store had never been used by the lessees, or opened by them to the public.
It seems to me…
2Cited by4 opinions
- People on rel. Ward v. KelseyNew York Supreme Court · 1862
- Green v. Hudson River RailroadNew York Court of Appeals · 1866
- Egan v. BrewerHawaii Supreme Court · 1893
- Cantwell v. BurkeNew York Supreme Court · 1887