The Rector, Church-Wardens and Vestrymen of Trinity Church in the City of New York, Appellants v. Albina Higgins…

Summary

The Court of Appeals held that a lease covenant obligating the lessee to pay all taxes and assessments is an affirmative obligation, not merely an indemnity, and therefore the lessor may sue for breach and recover the unpaid amounts without first paying them. The court reversed the lower court's order and directed judgment for the plaintiffs.