Sully v. Schmidt
Superior Court of Buffalo
Appeal from special term. Action by Betsey Sully against Henry Schmidt for rent under a lease. At the trial the jury found a verdict for defendant.
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Appeal from special term. Action by Betsey Sully against Henry Schmidt for rent under a lease. At the trial the jury found a verdict for defendant. Laws H.' Y. 1860, c. 345, provides that “the lessees or occupants of any building which shall, without any fault or neglect on their part, be destroyed, or be so injured by the elements, or any other cause, as to be untenantable and unfit for occupancy, shall not be liable or bound to pay rent to the lessors or owners thereof, after such destruction or injury, unless otherwise expressly provided by written agreement or covenant, and the lessees or…
1Dissent
Hatch, J.,
(dissenting.) This is an action to recover rent of certain premises. The defense is eviction, by affirmative act of the landlord. The cause was tried by a jury, and the court submitted to them the question whether the property, after entry by the tenant, had become unfit for use and untenantable, and, as a necessary inference flowing therefrom, whether plaintiff had abandoned said premises on account thereof. Under a charge by the court, which the parties acquiesced in, the jury found a verdict in favor of defendant of no cause of action. Upon motion for a new trial, the court held…
2Cases cited1 opinion
- Thalheimer v. LempertNew York Supreme Court · 1888