Sherwood v. Seaman
The Superior Court of New York City
This action comes before the General Term, on an appeal by the plaintiff from a judgment rendered by Mr. Justice Duer, on the 31st of January, 1857, in favor of the defendant, on a demurrer interposed by him to the plaintiff’s complaint.
Read the full summary
This action comes before the General Term, on an appeal by the plaintiff from a judgment rendered by Mr. Justice Duer, on the 31st of January, 1857, in favor of the defendant, on a demurrer interposed by him to the plaintiff’s complaint. The complaint is, in substance, as follows, viz:— I. The complaint states that the defendant had leased to plaintiff the basement room and a back building of lot No. 252 Broadway, for a saloon and restaurant, for three years, from the 1st of May, 1856, at the annual rent of $1100, payable monthly (containing a copy of the contract of letting). II. That the…
1Opinion of the CourtBy the Court. Bosworth, J.
There is no express covenant or promise in the lease, from the defendant to the plaintiff, that the former will make repairs, or do any act to preserve the demised premises in a condition fit for habitation, or for the prosecution of the business for which they were demised. On the contrary, the written contract states, that the plaintiff was “ to do all necessary repairs at his own expense.”
Howard v. Doolittle, (3 Duer, 464,) is in point, and determines, that the landlord, in the absence of an express covenant, is under no obligation to repair, or to do any act to protect his tenant from the…
2Cases cited1 opinion
- Howard v. DoolittleThe Superior Court of New York City · 1854
3Cited by10 opinions
- Ward v. FaginSupreme Court of Missouri · 1890
- Lindwall v. MayAppellate Division of the Supreme Court of the State of New York · 1906
- Seymour v. HughesAppellate Terms of the Supreme Court of New York · 1907
- Doupe v. GenninThe Superior Court of New York City · 1869
- Rogan v. DockeryMissouri Court of Appeals · 1886
5 more not listed; retrieve them via the Exa API.