West Side Savings Bank v. Newton
New York Court of Appeals
The action was originally commenced in the New York marine court, to recover $266.67 from the defendant, as surety for the rent of the upper floors of house 154, Sixth avenue, for July, August, September and October, 1870. The defense pleaded that Mrs. Carpenter, the tenant, had been evicted by the landlord before the rent became due, by reason of ,the stoppage of the Croton water, which supplied her tenements, and that in consequence of such eviction no liability for the…
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The action was originally commenced in the New York marine court, to recover $266.67 from the defendant, as surety for the rent of the upper floors of house 154, Sixth avenue, for July, August, September and October, 1870. The defense pleaded that Mrs. Carpenter, the tenant, had been evicted by the landlord before the rent became due, by reason of ,the stoppage of the Croton water, which supplied her tenements, and that in consequence of such eviction no liability for the rent existed either against her or the defendant as her surety. Chief justice Shea, before whom the action was tried in…
1Per curiam
We are of opinion that the finding that the • plaintiff was not bound by the acts of the cashier, was erroneous. The act of showing Mrs. Carpenter how to turn the water on is not so material, but the turning it off, accom*154panied by the positive injunction that it must not be turned on, constituted, an act which in effect deprived the lessee of the use of the water for' the upper stories of the demised premises. The cashier had done all the business in respect to the leasing of the premises; he procured the execution of the lease, received the rent; the lessee was referred to him about matters…
2Cases cited5 opinions
- Edgerton v. . PageNew York Court of Appeals · 1859
- Dyett v. PendletonCourt for the Trial of Impeachments and Correction of Errors · 1826
- Weed v. . the Panama Railroad CompanyNew York Court of Appeals · 1858
- Edgerton v. PageNew York Court of Common Pleas · 1857
- Tinnin v. GarrettMississippi Supreme Court · 1845
3Cited by1 opinion
- Lawrence v. Mycenian Marble Co.New York Court of Common Pleas · 1892