Wallace v. Lent
New York Court of Common Pleas
Appeal by the defendant from a judgment of the Sixth District Court. The action was brought to recover for two months’ rent of certain premises in the City of New York, due on the first, days of May, and June, 1863. The defence was that at the rime of the hiring of the premises the plaintiff fraudulently concealed' from the defendant the existence of a deleterious stench in the-house, proceeding from some unknown cause, and rendering it dangerous to health to remain in the…
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Appeal by the defendant from a judgment of the Sixth District Court. The action was brought to recover for two months’ rent of certain premises in the City of New York, due on the first, days of May, and June, 1863. The defence was that at the rime of the hiring of the premises the plaintiff fraudulently concealed' from the defendant the existence of a deleterious stench in the-house, proceeding from some unknown cause, and rendering it dangerous to health to remain in the house. It was shown on the trial that this nuisance was well known to the plaintiff’s agent, who rented the house; that…
1Opinion of the Court
By the Court.
Daly, F. J.
This was the case of a landlord’s agent renting a dwelling house in the City of New York to a tenant without disclosing the fact, of which he was aware, that there was a deleterious stench in the house proceeding from some unknown cause, which rendered it unfit for liabitatian. The tenant, ignorant of the circumstances., went into possession with his family, and in a very short time all the inmates of the house experienced the injurious effects of the stench. It was not merely offensive to the senses, but it .produced sickness at the stomach, vomiting, loss of…
2Cited by13 opinions
- Daly v. . WiseNew York Court of Appeals · 1892
- McKenzie v. CheethamSupreme Judicial Court of Maine · 1891
- Chadwick v. WoodwardCity of New York Municipal Court · 1883
- Ryan v. StateNew York Court of Claims · 1948
- Carhart v. RyderNew York Court of Common Pleas · 1882
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