Coddington v. Dunham
The Superior Court of New York City
The complaint was for one quarter’s rent of the second floor and its appurtenances of No. 17 Union square, in the city of New York, from 1st August to the 1st November, 1872, amounting to $875. The premises were leased to defendants and Edgar A. Dunham, who died before the commencement of this action, from the 1st May, 1870, to the 1st May, 1873, by one Nathan Clark, and the whole building was by him subsequently leased to the plaintiffs by said Clark, subject to the lease…
Read the full summary
The complaint was for one quarter’s rent of the second floor and its appurtenances of No. 17 Union square, in the city of New York, from 1st August to the 1st November, 1872, amounting to $875. The premises were leased to defendants and Edgar A. Dunham, who died before the commencement of this action, from the 1st May, 1870, to the 1st May, 1873, by one Nathan Clark, and the whole building was by him subsequently leased to the plaintiffs by said Clark, subject to the lease to these defendants and Edgar A. Dun-ham, by which the plaintiffs assumed the obligations of said lease and became…
1Opinion of the Court
By the Court, Freedman, J.
The lease in question demised the second floor of the building at the north-west corner of Union square and Fifteenth street, in the city of New York, with the appurtenances, which, however, are not described. It contains a covenant for quiet enjoyment, which relates only to the lessor’s title, and means that the lessees shall not be evicted by a paramount title, but which does not secure undisturbed enjoyment where there is no eviction from the premises. It does not contain any warranty on the part of the lessors that the demised premises shall continue to remain in…
2Cases cited2 opinions
- Lampman v. . MilksNew York Court of Appeals · 1860
- Chamboret v. CagneyThe Superior Court of New York City · 1870
3Cited by1 opinion
- Hays v. MoodyCity of New York Municipal Court · 1888