McCulloch v. . Dobson
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 9, 1891, which affirmed a judgment in favor of defendants.entered upon the report Of a referee, an order of Special Term denying a motion by plaintiff to set aside said report, and also an Order granting an extra allowance. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 9, 1891, which affirmed a judgment in favor of defendants.entered upon the report Of a referee, an order of Special Term denying a motion by plaintiff to set aside said report, and also an Order granting an extra allowance. The nature of the action and the facts, so far as material, are stated in the opinion. A covenant in a lease requiring a lessee to surrender in as good a condition as reasonable use would permit, does not relieve him from the other covenant to…
1Opinion of the CourtO’Brien, J.
The plaintiff’s action was for the recovery of damages for the breach, by the defendants, of the covenants of a lease of a silk mill and machinery, executed and Bearing date September 4, 1884, for a period of two years from the thirtieth of September following. The defendants entered into possession of the demised premises, and occupied them for the term and paid the stipulated rent of $5,000 per annum. The covenant upon which this action depended was to the effect that the defendants, during the term would, at their own expense, keep and maintain the mill, water-power, machinery, tools and…
2Cases cited1 opinion
- Callanan v. . GilmanNew York Court of Appeals · 1887
3Cited by13 opinions
- Hoagland v. CanfieldU.S. Circuit Court for the District of Southern New York · 1908
- Wisniewski v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1930
- Meyers v. Highland Boy Gold Mining Co.Utah Supreme Court · 1904
- People v. MallonAppellate Division of the Supreme Court of the State of New York · 1906
- Root v. . BorstNew York Court of Appeals · 1894
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