Coit v. Horn
New York Court of Chancery
On the third of March, 1825, Horn and others demised to Cook & Woodruff, for 21 years, at a yearly rent payable quarterly, a lot of ground with several buildings thereon, at the corner of Delancey and Suffolk streets, in the city of New-York. In 1840, Horn, by survivorship, became the sole lessor, and entitled to the rent; and the complainant became the assignee of the lessees.
Read the full summary
On the third of March, 1825, Horn and others demised to Cook & Woodruff, for 21 years, at a yearly rent payable quarterly, a lot of ground with several buildings thereon, at the corner of Delancey and Suffolk streets, in the city of New-York. In 1840, Horn, by survivorship, became the sole lessor, and entitled to the rent; and the complainant became the assignee of the lessees. In August, 1842, a controversy arose between Coit and Horn, in reference to the amount of rent due and in arrear; the latter refusing to apply towards the principal of the rent due, the value of certain labor done for…
1Opinion of the Court
The Assistant Vice-Chancellor,
(after examining the facts in the case, and deciding that the labor in question was applicable to the rent, and that the sum tendered by Coit was sufficient to pay all the rent in arrear, proceeded as follows:)
It remains to inquire whether the complainant had an adequate remedy at law. On the ground of quieting possession and preventing a multiplicity of suits, as well as avoiding very great, if not irreparable mischief, the complainant appears to be entitled to the interference of this court. Not being in actual possession, and no goods of his being found on the…
2Cases cited1 opinion
- Vechte v. BrownellNew York Court of Chancery · 1840