Legal Opinion

Alger v. Kennedy

Supreme Court of Vermont

Decided October 15, 1876PublishedCited by 15 opinions

Assumpsit for rent reserved. Plea, the general issue, with notice of special matter, trial by jury, April Term, 1875, Chittenden County, Pierpoint, C. J., presiding, and verdict for the plaintiff. The lease, dated November 30, 1872, described the premises as “ the premises on the corner of College street and Center street recently occupied by E. Laporte as a French hotel.

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Assumpsit for rent reserved. Plea, the general issue, with notice of special matter, trial by jury, April Term, 1875, Chittenden County, Pierpoint, C. J., presiding, and verdict for the plaintiff. The lease, dated November 30, 1872, described the premises as “ the premises on the corner of College street and Center street recently occupied by E. Laporte as a French hotel. (The joiner’s shops are not included, but when vacated Kennedy is to have right to either or both at same rent they now draw, payable quarterly in advance) $75 and-$112 respectively,” and contained a covenant on the'part of…

1Opinion of the Court

The opinion of the court was delivered by

Ross, J.

The defendant’s notice, in substance, avers, that the lease did not include the sub-collar, and that the plaintiff, though frequently notified, allowed the sub-cellar to be and remain in such a condition through want of proper drainage, that the whole tenement was rendered unhealthy, unsafe, and unfit for occupation, and that therefore the defendant lawfully abandoned it before the expiration of the time limited in the lease. The plaintiff excepted to the admission of testimony in support of the notice, on the grounds that it would contradict…

2Cases cited3 opinions

  1. Hibbard v. HurlburtSupreme Court of Vermont · 1838
  2. Mitchell v. StevensSupreme Court of Vermont · 1825
  3. Putnam v. SmithSupreme Court of Vermont · 1829

3Cited by15 opinions

  1. Tallman v. . MurphyNew York Court of Appeals · 1890
  2. Keating v. SpringerIllinois Supreme Court · 1893
  3. Cottrell v. GersonIllinois Supreme Court · 1939
  4. Westland Housing Corp. v. ScottMassachusetts Supreme Judicial Court · 1942
  5. Armstrong v. RossWest Virginia Supreme Court · 1906

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