Home/New York Court of Appeals/Roosevelt v. . Hopkins

Roosevelt v. . Hopkins

33 N.Y. 81
CourtNew York Court of Appeals
DecidedJune 5, 1865
StatusPublished
Cited by23 cases

This text of 33 N.Y. 81 (Roosevelt v. . Hopkins) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Roosevelt v. . Hopkins, 33 N.Y. 81 (N.Y. 1865).

Opinion

Portee, J.

The dissolution of the partnership of the defendants was not a breach of their covenant, and subjected them to no new liabilities to the plaintiff. (Hoffman, v. Ætna Insurance Company, 32 N. Y., 405.) They neither demised, sold, underlet nor assigned the entire property embraced in the lease. They were not prohibited from subletting portions of the premises; and the exercise of this right, therefore, gave no cause of action to the plaintiff. The business conducted by some of the subtenants was more hazardous than that specified in the lease; and, under one of its provisions, the plaintiff was entitled to claim reimbursement to the extent of the difference of premium with which he'might be charged for such extra risk. There was.no claim in the complaint on account of extra insurance, and no breach of the covenant in this respect was alleged. ' It is quite apparent from the evidence, that if such a claim had been made, it could not have been sustained.

The judgment should be affirmed.

Judgment affirmed.

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Bluebook (online)
33 N.Y. 81, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roosevelt-v-hopkins-ny-1865.