Sully v. Schmitt
Superior Court of Buffalo
Action by Betsy Sully against Henry Schmitt. Motion by plaintiff for a new trial on exceptions. Laws 21. Y. 1860, c. 345, provides that the lessee of a building which shall, without fault or neglect on his part, “beso injured. by the elements, or any other cause, as to be untenantable and unfit for occupancy, shall not be liable or bound to pay rent to the lessor, * * * and may thereupon quit, and surrender possession of the leasehold premises. ” Laws 2T. Y. 1860, c. 345, §…
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Action by Betsy Sully against Henry Schmitt. Motion by plaintiff for a new trial on exceptions. Laws 21. Y. 1860, c. 345, provides that the lessee of a building which shall, without fault or neglect on his part, “beso injured. by the elements, or any other cause, as to be untenantable and unfit for occupancy, shall not be liable or bound to pay rent to the lessor, * * * and may thereupon quit, and surrender possession of the leasehold premises. ” Laws 2T. Y. 1860, c. 345, § 1, provides that “the lessees or occupants of any building which shall, without any fault or neglect on their part, be…
1Opinion of the CourtTitus, J.
On the 26th day of April, 1886, the defendant entered into a written lease with the plaintiff by which he rented a front room on the .ground-floor of 2To. 258 Michigan street, in this city, for three years from the 1st day of May next ensuing, at the annual rent of $800, payable monthly, in monthly payments, the first of every month. The premises were to be used for an hotel bar. The defendant occupied the premises up to about the middle of May, 1888, and then left the premises, and refused to pay rent accruing by the terms of the lease on the 1st day of May, 1888. This action was brought for…
2Cases cited12 opinions
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- Cesar v. . KarutzNew York Court of Appeals · 1875
- Hallett v. WylieNew York Supreme Court · 1808
- Kingsbury v. . WestfallNew York Court of Appeals · 1875
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3Cited by1 opinion
- Maxwell v. GregoryNebraska Supreme Court · 1897