Dorwin v. Potter
New York Supreme Court
Motion to set aside a report of referees. The action was assumpsit, of January term, 1844, for non-payment of rent and other breaches of the provisions of a lease which the plaintiff had given to the defendant.
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Motion to set aside a report of referees. The action was assumpsit, of January term, 1844, for non-payment of rent and other breaches of the provisions of a lease which the plaintiff had given to the defendant. The lease was dated 29th September, 1838, and by it the plaintiff leased to the defendant a farm of 240 acres of land in Champion, Jefferson county, together with eighteen cows and certain young cattle and swine and certain farming utensils, for five years from the 15th day of March, 1839. The plaintiff agreed that the barns on the premises should be put in good order. The defendant…
1Opinion of the Court
By the Court, Whittlesey, J.
The defendant, in addition to the set-off, could doubtless recoup the damages he had *308sustained by reason that the bams on the demised premises were not placed in that state of repair required by the agreement. (Whitbeck v. Skinner, 7 Hill, 53.) The material question here is as to the proper rule of damages for such neglect to repair. We do not know what rule the referees adopted, but the questions permitted to be put to the witnesses, after objection, would only be admissible upon the ground that the defendant was entitled to all the damages which he might have…
2Cases cited1 opinion
- Blanchard v. ElyNew York Supreme Court · 1839
3Cited by21 opinions
- City of Brooklyn v. . Brooklyn City R.R. Co.New York Court of Appeals · 1872
- Leonard v. New York, Albany & Buffalo Electro Magnetic Telegraph Co.New York Court of Appeals · 1870
- Wibert v. New York & Erie Rail RoadNew York Supreme Court · 1854
- Flynn v. HattonNew York Court of Common Pleas · 1872
- Hendry v. SquierIndiana Supreme Court · 1890
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