Jackson ex dem. Donnally v. Walsh

Court: New York Supreme Court
Date filed: 1808-05-15
Citations: 3 Johns. 226
Copy Citations
3 Citing Cases
Lead 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.