Meeker v. Spalsbury
Supreme Court of New Jersey
On case certified from the Circuit Court of the county of Essex, condensed as follows: On September 1st, 1894, the plaintiff, by written lease, under seal, demised to the defendants, for a term of five years, from October 1st, 1894, at the yearly rent of $1,100, payable monthly, in advance, the “Essex Hotel,” on Washington Place, East Orange, access to which, by passage-way from Prospect street, was thereby guaranteed'. In the lease the tenants, among other things, agreed…
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On case certified from the Circuit Court of the county of Essex, condensed as follows: On September 1st, 1894, the plaintiff, by written lease, under seal, demised to the defendants, for a term of five years, from October 1st, 1894, at the yearly rent of $1,100, payable monthly, in advance, the “Essex Hotel,” on Washington Place, East Orange, access to which, by passage-way from Prospect street, was thereby guaranteed'. In the lease the tenants, among other things, agreed that- the landlord might enter into and upon the demised premises, at reasonable hours in the daytime, to examine the…
1Opinion of the Court
The opinion of the court was delivered by
Collins, J.
The leading case on constructive eviction is Upton v. Townend, &c., 17 C. B. 30, accepted by this court as declarative of the law in Morris v. Kettle, 28 Vroom 218. In that ease, Chief Justice Jervis (at p. 64) said that eviction must be “not a mere trespass, but something of a grave and permanent character done by the landlord with the intention of depriving the tenant of the'enjoyment of the demised premises;” and Mr. Justice Willes (at p. 72) more fully and accurately defined it as “an act of a permanent character done by the landlord in…
2Cases cited1 opinion
- Morris v. KettleSupreme Court of New Jersey · 1894
3Cited by19 opinions
- Floral Park Tenants Ass'n v. Project Holding, Inc.New Jersey Superior Court Appellate Division · 1977
- Circuit City Stores, Inc. v. Rockville Pike Joint Venture Ltd. PartnershipCourt of Appeals of Maryland · 2003
- Miller v. DennisSupreme Court of New Jersey · 1902
- Siller v. DunnCalifornia Court of Appeal · 1930
- Duncan Development Co. v. Duncan Hardware, Inc.New Jersey Superior Court Appellate Division · 1955
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