Gulliver v. Fowler
Supreme Court of Connecticut
Action to recover rent on a lease of a house, “ with the privilege of renting rooms,” against lessee and a surety, brought to the Court of Common Pleas in New Haven County and tried to the jury before Hotchkiss, J. ; verdict and judgment for the plaintiff and appeal by the defendants for alleged errors of the court in its rulings on evidence and in its charge to the jury. The complaint alleged that the guaranty of the surety (which was recited) was given for value received.
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Action to recover rent on a lease of a house, “ with the privilege of renting rooms,” against lessee and a surety, brought to the Court of Common Pleas in New Haven County and tried to the jury before Hotchkiss, J. ; verdict and judgment for the plaintiff and appeal by the defendants for alleged errors of the court in its rulings on evidence and in its charge to the jury. The complaint alleged that the guaranty of the surety (which was recited) was given for value received. The answer admitted the truth of the matters alleged in the complaint, and set up in avoidance, as a first defense, that…
1Opinion of the CourtBaldwin, J.
The plaintiff in this action sued for rent upon a written lease. The defendants, admitting in their answer all the allegations of the complaint to he true, pleaded in avoidance that the plaintiff, by reason of fraud, false warranty, and breach of an agreement to repair, was liable to Mrs. Fowler, the lessee, in damages exceeding the rent accrued ; and she added, by way of counterclaim, a demand for a still larger sum, founded on the same grounds. The plaintiff replied by what was substantially a general denial, and the verdict finds the issue in his favor, and gives him the full amount of the…
2Cases cited4 opinions
- Myers v. . BurnsNew York Court of Appeals · 1866
- Burritt v. BelfySupreme Court of Connecticut · 1879
- Hatch v. StamperSupreme Court of Connecticut · 1875
- Osborne v. TaylorSupreme Court of Connecticut · 1890
3Cited by20 opinions
- Sigal v. WiseSupreme Court of Connecticut · 1932
- Hoard v. Sears Roebuck Co., Inc.Supreme Court of Connecticut · 1936
- Cook v. LawlorSupreme Court of Connecticut · 1952
- Crowell v. Middletown Savings BankSupreme Court of Connecticut · 1937
- Gavan v. NorcrossSupreme Court of Georgia · 1903
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