Reports Of Cases Argued And Determined In The Court Of Chancery Of The State Of New York Vol 3

Author : Alonzo Christopher Paige
Publisher : Rarebooksclub.com
ISBN 13 : 9781230040998
Total Pages : 256 pages
Book Rating : 4.0/5 (49 download)

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Download or read book Reports of Cases Argued and Determined in the Court of Chancery of the State of New York written by Alonzo Christopher Paige and published by Rarebooksclub.com. This book was released on 2013-09 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1834 edition. Excerpt: ...in 1773, (1 Term Rep. 708, note, ) also show that some 01' the English chancellors struggled hard to introduce this principle of natural law into the administration of justice in their courts. A contrary principle, however, finally prevailed in the equity courts of England, as well as in the courts of law. And it must now be considered as settled, both in England and in this state, that B. lessee of premises which are burned, has no relief against an express covenant to pay the rent, either at law or in equity; unless ire has protected himself by a stipulation in the lease, or the landlord has covenanted to rfiuild. (3 Kent's Com. 466.) Although the law is thus settled, I have, however, thought proper to refer to the opinions of these distinguished judges and civilians, and to the laws of other countries, for the purpose of showing that the defendant in this case has no natural equity, to entitle him to rent for these premises, after the destruction of the buildings which constituted their only value to the lessees. And if the lessees did not in fact make an agreement to pay the rent, in the event which has occurred, that they are entitled to relief. It is established, beyond all question, that there was an express agreement, between the lessee and the agent of Green, that the rent should cease if the building should be casually destroyed by fire; and that a covenant or stipulation to that effect should be inserted in the lease. The answer of the defendant, setting up a specific agreement as having been entered into between himself and Gates at the time he called upon him as to the repairs, is not responsive to the bill; and is not supported by the proofs in the cause. Indeed, it is hardly consistent with the defendant's own...