Edgerton v. Page
New York Court of Common Pleas
Appeal by plaintiff from an order at special term, overruling a demurrer to answer. This action was brought to recover rent. Tbe plaintiff leased to the defendant the first floor of No. 8 Fulton. street, New York city, at a yearly rent of $1,500, for one year from the 1st of May, 1854, with the privilege of one year’s renewal at the same rate..
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Appeal by plaintiff from an order at special term, overruling a demurrer to answer. This action was brought to recover rent. Tbe plaintiff leased to the defendant the first floor of No. 8 Fulton. street, New York city, at a yearly rent of $1,500, for one year from the 1st of May, 1854, with the privilege of one year’s renewal at the same rate.. This action was brought to recover the rent clue for the quarter ending 1st May, 1855. The answer alleged that the privilege of renewal contained in the lease was one of the main inducements to defendant to take the lease, and one of the principal…
1Opinion of the Court
Daly, J. —
Tbe matters set up by tbe answer are relied upon, either as a bar to tbe action, or as establishing a clai.m for damages against tbe plaintiff, which may be set up in tbis action by way of counter-claim.
It is not denied by tbe answer — indeed, tbe answer admits— that tbe defendant continued to occupy during tbe whole period for which rent is claimed, and tbe first question presented is, whether a tenant, who thus continues in tbe occupation of tbe whole of tbe premises demised, is released from tbe payment of rent because tbe landlord has committed acts which have diminished tbe…
2Cases cited6 opinions
- Dyett v. PendletonCourt for the Trial of Impeachments and Correction of Errors · 1826
- Howard v. DoolittleThe Superior Court of New York City · 1854
- Lewis v. PaynNew York Supreme Court · 1830
- Bennet v. BittleSupreme Court of Pennsylvania · 1834
- Pendleton v. DyettNew York Supreme Court · 1825
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Denison v. FordNew York Court of Common Pleas · 1878
- Vanderpool v. SmithNew York Court of Common Pleas · 1863
- West Side Savings Bank v. NewtonNew York Court of Appeals · 1879
- West Side Savings Bank v. NewtonNew York Court of Common Pleas · 1877