Purton v. Watson
City of New York Municipal Court
Appeal from trial term. This action, by Euphemiá C. Purton against H. 0. Watson, is prosecuted to recover damages for the defendant’s acts destructively injurious to the premises by him held as a tenant of the plaintiff under a sealed lease for years. The answer admitted the making of “alterations” by defendant in said premises, but was otherwise a general denial.
Read the full summary
Appeal from trial term. This action, by Euphemiá C. Purton against H. 0. Watson, is prosecuted to recover damages for the defendant’s acts destructively injurious to the premises by him held as a tenant of the plaintiff under a sealed lease for years. The answer admitted the making of “alterations” by defendant in said premises, but was otherwise a general denial. Upon this issue, on substantially uncontradicted evidence, the jury iound in plaintiff’s favor; the plaintiff’s testimony proving the wrongs complained of in detail. The position of the defendant and the evidence offered on his part…
1Opinion of the Court
Pitshke, J.,
(after stating the facts.) An action for waste is a proceeding ex delicto, and lies for whatsoever does a lasting damage to the freehold or inheritance, either intrinsically injurious thereto in contemplation of law, or shown so to be by proofs for the jury, (McGregor v. Brown, 10 N. Y. 117, *662118;) a special and sufficient license in writing, to commit the waste done,' being requisite to avoid such action of waste, and its consequences. Id. 119;. Code Civil Proc. § 1651. And it is not competent for the defendant to prove, by either a paroi agreement or the evidence of…
2Cases cited26 opinions
- People v. . BradnerNew York Court of Appeals · 1887
- Murray v. . HarwayNew York Court of Appeals · 1874
- Agate v. . LowenbeinNew York Court of Appeals · 1874
- Kidd v. DennisonNew York Supreme Court · 1849
- Schaefer v. . HenkelNew York Court of Appeals · 1878
21 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Payne v. MeisserWisconsin Supreme Court · 1922
- Lopiano v. Telephone Co.New York Supreme Court · 1931