McGlashan v. Tallmadge
New York Supreme Court
ACTION for rent upon a sealed agreement for leasing a dwelling house in the city of Syracuse, for one year ; the plaintiff averring in his complaint that the defendant “ entered into the possession of the premises so leased to him as aforesaid.” The defendant, in his answer, alleged that the plaintiff, at the time of the letting, fraudulently represented the house to be in good condition and fit for occupation for a family, &c., and that the same was not tenantable, &c.
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ACTION for rent upon a sealed agreement for leasing a dwelling house in the city of Syracuse, for one year ; the plaintiff averring in his complaint that the defendant “ entered into the possession of the premises so leased to him as aforesaid.” The defendant, in his answer, alleged that the plaintiff, at the time of the letting, fraudulently represented the house to be in good condition and fit for occupation for a family, &c., and that the same was not tenantable, &c. Another defense was that the premises, at the time of the letting, were and continued to be unhealthy, noisome and…
1Opinion of the CourtAllen, J.
There was no evidence of fraudulent representations by the plaintiff, as to the state and condition of *314the premises and their fitness for the purpose for which they were hired. And the evidence would not have justified a finding of a fraudulent concealment of their actual condition at the time of the letting. The referee rests his decision solely upon the ground that the house was not tenantable, and decides as matter of law that for that reason the defendant had the right to abandon the premises, and was not liable for the rent after the time of the surrender of the possession.
The earlier…
2Cases cited3 opinions
- Howard v. DoolittleThe Superior Court of New York City · 1854
- Etheridge v. OsbornNew York Supreme Court · 1834
- Oats v. . DardenSupreme Court of North Carolina · 1810
3Cited by8 opinions
- O'Brien v. CapwellNew York Supreme Court · 1870
- Bailey v. KellySupreme Court of Kansas · 1912
- Railton v. TaylorSupreme Court of Rhode Island · 1897
- Wilkinson v. ClausonSupreme Court of Minnesota · 1882
- Chadwick v. WoodwardCity of New York Municipal Court · 1883
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