Jackson ex dem. Donnally v. Walsh
3 Johns. 226 | N.Y. Sup. Ct. | 1808
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.
