Gallup v. Albany Railway
New York Supreme Court
This was an appeal from a judgment for the plaintiff, entered on the report of a referee. The plaintiff sued, on the 17th September, 1869, to recover certain taxes paid by him, alleging the defendant’s liability, under a certain demise, as follows, viz.: “ This is to certify that the Albany railway have hired and taken from FT.
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This was an appeal from a judgment for the plaintiff, entered on the report of a referee. The plaintiff sued, on the 17th September, 1869, to recover certain taxes paid by him, alleging the defendant’s liability, under a certain demise, as follows, viz.: “ This is to certify that the Albany railway have hired and taken from FT. Gallup the premises now occupied by them, in the ninth ward of the city of Albany, on the corner of Swan and Fayette streets, for the term of two years, to commence the first day of May next, at the yearly rent of $1,000, payable quarterly, and the ordinary taxes and…
1Opinion of the CourtP. Potter, P. J.
The defendant continued to occupy the whole of the demised premises during the term of the lease. Unless the defendant was evicted of the demised premises or some part thereof, he is liable to the payment of rent so long as he remains in possession under his lease. The defendant has a remedy to recover damages for the breach of any express or implied covenant by an action for such breach (Etheridge v. Osborn, 12 Wend., 529, 531, 532); though, perhaps, under the Code, where the demands of both parties spring out of the same contract or transaction, the defendant may recoup, even though the…
2Cases cited4 opinions
- Edgerton v. . PageNew York Court of Appeals · 1859
- Lounsbery v. . SnyderNew York Court of Appeals · 1865
- Etheridge v. OsbornNew York Supreme Court · 1834
- Blair v. . ClaxtonNew York Court of Appeals · 1859
3Cited by1 opinion
- Belvedere Hotel Co. v. WilliamsCourt of Appeals of Maryland · 1921