Gates & Colvin v. Green
New York Court of Chancery
This was an appeal from a decree of the late vice chancellor of the fifth circuit, dismissing the complainants’ bill. The defendant, J. A. Green, was the owner of two lots in the village of Syracuse, on which there was a tavern house and out buildings. These premises were leased by the defendant to S. Cosset, and to another person who was his surety in the lease, for the term of three years from the 1st of January, 1826, at the rent of $250 per annum, payable quarterly.
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This was an appeal from a decree of the late vice chancellor of the fifth circuit, dismissing the complainants’ bill. The defendant, J. A. Green, was the owner of two lots in the village of Syracuse, on which there was a tavern house and out buildings. These premises were leased by the defendant to S. Cosset, and to another person who was his surety in the lease, for the term of three years from the 1st of January, 1826, at the rent of $250 per annum, payable quarterly. The lessees covenanted to keep the premises in repair during the term, and to leave the same in good repair at the expira»…
1Opinion of the Court
The Chancellor..It appears to be a principle of natural law, that a tenant who rents a house or other tenement for a_, short period, and with a view to no other benefit except that > which may be derived from its actual use, should not be compelled to pay rent any longer than the tenement is capable of being used. By the law of Scotland, upon the hire of property, a loss or injury to such property, which is not caused by the fault or negligence of the hirer, falls on the owner. And the lessee is entitled to an abatement of the rent, proportioned to any partial destruction of the subject. (1…
2Cited by24 opinions
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- Superintendent & Trustees of Public Schools v. BennettSupreme Court of New Jersey · 1859
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