Gilhooley v. . Washington
New York Court of Appeals
The complaint in this case was upon a lease under seal, whereby the defendant rented of the plaintiff the dwelling part of a house in ISTew-Tork, over the store and entry, with a privilege in the yard, for the term of four years, from May, 1, 1848, at the yearly rent of $550 payable quarterly in advance, and the plaintiff claimed to recover rent for the quarter commencing on the 1st day of May, A. D. 1849. The lease contained the usual covenant for quiet enjoyment.
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The complaint in this case was upon a lease under seal, whereby the defendant rented of the plaintiff the dwelling part of a house in ISTew-Tork, over the store and entry, with a privilege in the yard, for the term of four years, from May, 1, 1848, at the yearly rent of $550 payable quarterly in advance, and the plaintiff claimed to recover rent for the quarter commencing on the 1st day of May, A. D. 1849. The lease contained the usual covenant for quiet enjoyment. It was proved on the hearing of the case before a referee, that the defendant by his undertenants, occupied the premises under…
1Opinion of the Court
Bronson, Ch. J.
If it be not unlawful to speak of things by their old names, this is an action of covenant on a lease for the non-payment of a quarter’s rent; and the defendant has pleaded an eviction by the landlord. The proof to support the plea is, that the defendant after occupying the demised premises for about nine months, abandoned the same before the commencement of the quarter in question, on the ground that the basement part of the building, during all the time he was in possession, had been used as a place of prostitution and ill fame. [219] The plaintiff had leased the basement to…
2Cited by20 opinions
- Tallman v. . MurphyNew York Court of Appeals · 1890
- Talbott v. EnglishIndiana Supreme Court · 1901
- Ryan v. JonesNew York Court of Common Pleas · 1892
- Chenango Bridge Co. v. LewisNew York Supreme Court · 1872
- Eisenhart v. OrdeanColorado Court of Appeals · 1893
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