McNutt v. Shafer
New York Supreme Court
Appeal from Albany county court. Action by James McNutt against William Shafer, originally commenced in the city court of Albany, to recover one quarter’s rent of a farm. On appeal to the county court, a verdict was directed for plaintiff for the full amount claimed, and defendant appeals.
1Opinion of the CourtLearned, P. J.
The general rule of law as to the effect of an eviction, total or partial, by the landlord is undisputed. The question here is whether there can be said to have been a partial eviction, that.is, an eviction of the shed attached to the barn, or of any other part of the leased premises. We must bear in mind that the lessor reserved from the lease a large part of the house, an acre of land, the privilege of removing his hen-house, stable room for a horse, and some other matters. So that it is evident that both lessor and lessee were to live on the leased farm, and that the lessor was to be…
2Cases cited5 opinions
- Boreel v. . LawtonNew York Court of Appeals · 1882
- Dyett v. PendletonCourt for the Trial of Impeachments and Correction of Errors · 1826
- Lounsbery v. . SnyderNew York Court of Appeals · 1865
- Carter v. ByronNew York Supreme Court · 1888
- Campbell v. ShieldsNew York Supreme Court · 1855