New York Supreme Court, 1808

Jackson ex dem. Donnally v. Walsh

Jackson ex dem. Donnally v. Walsh
New York Supreme Court · Decided May 15, 1808
3 Johns. 226

Counsel

Fisk, for the plaintiff,, J. Radcliff, contra,

Jackson ex dem. Donnally v. Walsh

Cases that cite this one

5 later published cases cite this decision.

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Opinion of the Court

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.

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