The Mayor, C., of New-York Against Mabie and Others.

Summary

The Court reversed the superior court's judgment and ordered a new trial, holding that a one‑year lease of the incorporeal right to collect wharfage is not a conveyance of real estate and therefore is not barred by the statutory prohibition on implied covenants. An implied covenant of quiet enjoyment arises from such a lease, and the doctrine of recoupment permits the lessee to recover damages for its breach in the same action for rent.