Henry v. Cuyler
Court for the Trial of Impeachments and Correction of Errors
IN ERROR to the Supreme Court. John Matey, by an indenture, dated the third day of November, 1809, demised to Aaron Henry, of the city of New-York, a house, store, *and lot of ground, with the appurtenances, at the north-east comer of Water street and Beekman slip, for a term of six years from the first day of May, 1810, at an annual rent of 450 dollars.
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IN ERROR to the Supreme Court. John Matey, by an indenture, dated the third day of November, 1809, demised to Aaron Henry, of the city of New-York, a house, store, *and lot of ground, with the appurtenances, at the north-east comer of Water street and Beekman slip, for a term of six years from the first day of May, 1810, at an annual rent of 450 dollars. The lease contained the following covenant: “ and the said Aaron Henry, for himself, his heirs, executors, administrators, and assigns, covenants and agrees with the said John Matey, his heirs, executors, administrators and assigns, well and…
1Opinion of the CourtVan Ness, J.
The question raised in this cause was never brought before the Supreme Court for its consideration. It is true, that a similar question was decided by the Supreme Court in January term, 1813, in the case of The Corporation of New-York v. Cashman, (10 Johns. Rep. 96.) As judgment was entered by default on the demurrer in this cause, without argument or discussion, or any examination of the question, the judges of the Supreme Court have no reasons to assign for the judgment.
The Chancellor,
This court cannot take notice of a cause which has never been brought before the court below, for its…
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