Jackson ex dem. Donnally v. Walsh

New York Supreme Court

Jackson ex dem. Donnally v. Walsh

3 Johns. 226

CourtNew York Supreme Court

DecidedMay 15, 1808

StatusPublished

Cited by9 cases

This text of 3 Johns. 226 (Jackson ex dem. Donnally v. Walsh) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jackson ex dem. Donnally v. Walsh, 3 Johns. 226 (N.Y. Super. Ct. 1808).

Pincite

Opinion

Per Curiam.

The lease of 1774, is valid. The trustees appear to have had a common seal, which is affixed to the lease. The signing of their names separately was unnecessary, but does not vitiate the deed as a corporate-act. The lapse of time alone does not afford the presumption of a re-entry for the non-payment of rent, and the testimony of the clerk is no evidence. We are clearly of opinion that the plaintiff is entitled to recover.

Judgment for the plaintiff.

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Per Curiam.

The lease of 1774, is valid. The trustees appear to have had a common seal, which is affixed to the lease. The signing of their names separately was unnecessary, but does not vitiate the deed as a corporate-act. The lapse of time alone does not afford the presumption of a re-entry for the non-payment of rent, and the testimony of the clerk is no evidence. We are clearly of opinion that the plaintiff is entitled to recover.

Judgment for the plaintiff.

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Bluebook (online)

3 Johns. 226, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-ex-dem-donnally-v-walsh-nysupct-1808.

Opinion

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