Palmer v. Wetmore
The Superior Court of New York City
Covenant on an agreement to pay the rent of the house and lot No. 832 Broadway, if default should be made in payment by the tenant, Julia A. Wetmore. The demise was for three years from May 1, 1847, at $700 per annum, payable quarterly, and the rent claimed was for the quarter ending Nov. 1, 1847. The defence was an eviction of the tenant by the plaintiff, prior to November 1, 1847, in several modes set up in the plea.
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Covenant on an agreement to pay the rent of the house and lot No. 832 Broadway, if default should be made in payment by the tenant, Julia A. Wetmore. The demise was for three years from May 1, 1847, at $700 per annum, payable quarterly, and the rent claimed was for the quarter ending Nov. 1, 1847. The defence was an eviction of the tenant by the plaintiff, prior to November 1, 1847, in several modes set up in the plea. At the trial before Sandford, J., in June, 1848, the proof of eviction was rested on two grounds, only one of which it is deemed necessary to mention. It was shown, that the…
1Opinion of the Court
By the Court. Oakley, Ch. J.
The defendant’s counsel strenuously contends, that the rule which authorizes every man to use his own property as he sees fit, not trespsssing on his neighbor’s rights, does not apply to a landlord in respect of his lands adjoining premises demised by him; and that such landlord cannot use or improve his adjoining lands in any manner that will interfere with the use or enjoyment of the demised premises in the possession of the tenant. That the relative condition of the two lots must continue the same throughout the term, if any change in the state of the lot not…
2Cited by16 opinions
- Royce v. GuggenheimMassachusetts Supreme Judicial Court · 1870
- Keating v. SpringerIllinois Supreme Court · 1893
- Robinson v. ClappSupreme Court of Connecticut · 1895
- Keats v. HugoMassachusetts Supreme Judicial Court · 1874
- De Baun v. MooreAppellate Division of the Supreme Court of the State of New York · 1898
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