Mitchell v. Wilson

New York Court of Chancery

Mitchell v. Wilson

4 Edw. Ch. 697, 1846 N.Y. LEXIS 376, 1846 N.Y. Misc. LEXIS 18

DecidedJune 23, 1846

StatusPublished

This text of 4 Edw. Ch. 697 (Mitchell v. Wilson) is published on Counsel Stack Legal Research, covering New York Court of Chancery primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mitchell v. Wilson, 4 Edw. Ch. 697, 1846 N.Y. LEXIS 376, 1846 N.Y. Misc. LEXIS 18 (N.Y. 1846).

Pincite

Opinion

The Vice-Chancellor.

The court is of opinion that time here, in relation to the giving of the security for the rent, was of the essence of the contract and could not be dispensed with. As the complainant failed to furnish the security within the time, he was not entitled to the aid of this court by injunction to protect him in possession as a tenant.

Order, that the injunction be dissolved. Costs will abide the event.

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The Vice-Chancellor.

The court is of opinion that time here, in relation to the giving of the security for the rent, was of the essence of the contract and could not be dispensed with. As the complainant failed to furnish the security within the time, he was not entitled to the aid of this court by injunction to protect him in possession as a tenant.

Order, that the injunction be dissolved. Costs will abide the event.

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Bluebook (online)

4 Edw. Ch. 697, 1846 N.Y. LEXIS 376, 1846 N.Y. Misc. LEXIS 18, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mitchell-v-wilson-nychanct-1846.