Sheldon v. Hamilton
Supreme Court of Rhode Island
Debt, for rent. The plaintiff was lessor and the defendant lessee of certain premises in Providence used as a dwelling-house. The action was for the last quarterly installment of rent due under the lease. The defendant admitted that he owed the rent, but pleaded and proved that he had paid sundry water-bills to the city of Providence for water used upon the premises during his tenancy, and sought to set off these bills against the rent.
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Debt, for rent. The plaintiff was lessor and the defendant lessee of certain premises in Providence used as a dwelling-house. The action was for the last quarterly installment of rent due under the lease. The defendant admitted that he owed the rent, but pleaded and proved that he had paid sundry water-bills to the city of Providence for water used upon the premises during his tenancy, and sought to set off these bills against the rent. The lease was introduced in evidence, but was entirely silent with reference to the payment of such water-rates. The District Court gave decision for the…
1Opinion of the Court
Douglas, J.(1) This is a petition for a new trial of an action of debt for rent for a dwelling-house in the city of Providence. The questions involved arise upon the claim of the defendant to set off against the rent, which is not disputed, certain sums which he paid the city of Providence for water used upon the premises while in his possession. There is no substantial disagreement as to the facts. The plaintiff leased the dwelling-house to the defendant June 17, 1892, the rent reserved being $1,000 per annum for the term of five years from July 1, 1892. At the time of defendant’s entry…
2Cases cited3 opinions
- McKeon v. CutterMassachusetts Supreme Judicial Court · 1892
- Leighton v. RickerMassachusetts Supreme Judicial Court · 1899
- McCarthy v. HumphreySupreme Court of Iowa · 1898
3Cited by4 opinions
- Etheredge v. City of NorfolkSupreme Court of Virginia · 1927
- Ferro v. FerranteSupreme Court of Rhode Island · 1968
- Zwetchkenbaum v. Operations, Inc.District Court, D. Rhode Island · 1958
- Slack v. KnoxAppellate Court of Illinois · 1904