Legal Opinion
McCurdy v. Wyckoff
Supreme Court of New Jersey
Decided June 11, 1906PublishedCited by 6 opinions
On appeal’ from the District Court.
1Opinion of the Court
The opinion of the court was delivered by
Garrison, J.
This action was brought in the Second District Court of the city of Newark to recover damages for a breach of a covenant to pay rent. The demised premises were a suite of apartments in an apartment-house owned by the plaintiff. The defence was an eviction by reason of the maintenance by the plaintiff of a nuisance on the demised premises. This defence is good if made out. Weiler v. Pancoast, 42 Vroom 414.
The facts proved as constituting such nuisance were that the main waste pipe of the building was permitted to become and remain for a long…
2Cases cited1 opinion
- Weiler v. PancoastSupreme Court of New Jersey · 1904
3Cited by6 opinions
- Westland Housing Corp. v. ScottMassachusetts Supreme Judicial Court · 1942
- Leech v. HusbandsSuperior Court of Delaware · 1930
- Burnstine v. MarguliesNew Jersey Superior Court Appellate Division · 1952
- Armstrong v. CioneHawaii Intermediate Court of Appeals · 1987
- JS PROPERTIES, LLC v. Brown & Filson, Inc.New Jersey Superior Court Appellate Division · 2006
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