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11 Johns. 443

Oswald v. Gilfert

New York Supreme Court

Decided October 15, 1814

New York Supreme Court · decided 1814-10-15

. THE declaration contained two counts, substantially the same, for a breach of covenant, contained in a lease, given by the plaintiff to the defendant, during her natural life, for lot no. IS. in Maiden-lane, In the city of Ncrv-York, at an annual rent of 750 dollars, payable quarterly.

Decided 1814-10-15

Yates, J.

¶1delivered the opinion of the court. The defendant is clearly liable to pay the amount of the assessment; the covenant will admit of no other interpretation. It cannot be distinguished from the case of the Corporation of the City of NewYork v. Cushman. (10 Johns. Rep. 96.) The reasons are more cogent in this case. The lease there was for a term of years 5 the one before us is on a demise during the natural life of the plaintiff; and the terms of the covenant here, if there is a difference, are more comprehensive. The defendant covenants to pay all taxes and assessments of every kind whatsoever, &c.; tiie demand, consequently, falls within the plain and evident meaning of the contract between the parties.

¶2Judgment for the plaintiff

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