McGregor v. . B'd of Ed'n of City of N.Y.
New York Court of Appeals
Appeal from order of the General Term pf the Court of Common Pleas in and for the city and county of Hew York, made Hay 15, 1885, which reversed a judgment in favor of plaintiff entered upon the report of a referee. (Reported below, 13 Daly, 195.) The nature of the action and the material facts are stated in the opinion.
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Appeal from order of the General Term pf the Court of Common Pleas in and for the city and county of Hew York, made Hay 15, 1885, which reversed a judgment in favor of plaintiff entered upon the report of a referee. (Reported below, 13 Daly, 195.) The nature of the action and the material facts are stated in the opinion. The plaintiff had a right to recover damages in consequence of the failure of the defendant to return the premises in condition fitted for dwelling purposes, as he had received them. (Marvin v. Stone, 2 Cow. 781; Ripley v. Larmouth, 56 Barb. 21; McAdam’s Land. & Ten. [2d ed.]…
1Opinion of the CourtFinch, J.
This action was brought by a landlord against ,a tenant upon covenants contained in leases. The plaintiff rented the premises to the defendant to be used for the purposes of a public school. ■ Alterations in the interior to accommodate that use were permitted by the lessor to be made by the lessee, and were alike contemplated by each when ■the contract was made. A printed form of lease was used to contain and express the agreement from which the clause forbidding alterations was stricken out before execution. There ■was also an express covenant that the lessee should make all requisite…
2Cases cited3 opinions
- Loughran v. . RossNew York Court of Appeals · 1871
- Sperry v. . MillerNew York Court of Appeals · 1857
- Livingston v. PottsNew York Supreme Court · 1819
3Cited by25 opinions
- American Bonding Co. of Baltimore v. Pueblo Inv. Co.Court of Appeals for the Eighth Circuit · 1906
- Gunnison v. . Bd. of EducationNew York Court of Appeals · 1903
- Lehmaier v. JonesAppellate Division of the Supreme Court of the State of New York · 1905
- Schimmelfennig v. Grove Farm Co., Ltd.Hawaii Supreme Court · 1955
- Herboth v. American Radiator Co.Missouri Court of Appeals · 1909
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