A Digest of New York Statutes and Reports Volume 1; From the Earliest Period to the Year 1860 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1860 Excerpt: ...The action must be either debt or covenant upon the contract itself. Supreme Ct., 1825, Miller v. Watson, 5 Cow., 195. 6. Promissory note. Indebitatus assumpsit lies by the holder of a note payable to bearer, or by the indorser of a note, against the maker. Supreme Ct., 1815, Pierce t. Crafts, 12 Johns., 90. 7. Consideration of land. Assumpsit will lie to recover the consideration-money for land sold. Supreme Ct., 1817, Shephard v. Little, 14 Johns., 210; 1823, Bowen v. Bell, 20 Id., 338. 8. Lands taken in Brooklyn. The owner of lands taken for opening a street in the The doctrine of this case was denied in Kennedy v. Carpenter, 2 Whxrt., 310. The Action of Asaumpait. city of Brooklyn, under Laws of 1833, 499, cannot recover damages for the lands taken, from the city, in an action of assumpsit; unless, perhaps, where money, applicable to the payment of such damages, has been collected by the city from persons assessed for benefit upon the assessments. An action on the case will lie against the corporation for neglecting to take the necessary measures to levy and collect such assessments; though mandamus is the more proper remedy. Supreme Ct., 1840, McCulIough r. Mayor, &c, of Brooklyn, 23 Wend., 458. 9. Use and occupation. Assumpsit for use and occupation lies against a lessee by deed, who holds over after the expiration of the term; or against a lessee holding under a covenant for a renewal in a lease which has expired. Supreme Ct., 1816, Abeel v. Radeliff, 13 Johns., 297. 10. Although the landlord has realized a part of rent due, by distress, lie may have assumpsit for the residue. Supreme Ct., 1823, Cornell v. Lamb, 20 Johns., 407. 11. A landlord who has received a sealed noto for rent due on a parol demise, may, notwithstanding, maintain an action o...