Franklin v. . Brown
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of ISTeAV York, entered upon an order made May 6, 1886, which affirmed a judgment in' favor of the plaintiff, entered upon the report of a referee. This action was brought to recover the rent reserved by a lease of a furnished dAvelling-house.
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Appeal from judgment of the General Term of the Superior Court of the city of ISTeAV York, entered upon an order made May 6, 1886, which affirmed a judgment in' favor of the plaintiff, entered upon the report of a referee. This action was brought to recover the rent reserved by a lease of a furnished dAvelling-house. The answer pleaded a counter-claim for damages alleged to have been sustained by the defendant on account of a breach of an implied covenant that said house was fit for immediate and permanent occupation. The referee found that on the 14tli of September, 1883, the parties entered…
1Opinion of the CourtVann, J.
It is not claimed that any deceit was practiced or false representations made by the plaintiff as to the condition of the house in question, or its fitness for the purpose for which it was let. The defendant thoroughly examined the premises before she signed the lease and she neither ceased to occupy nor attempted to rescind until the last quarter of the term. Ffeither party knew of the existence of the offensive odors when the contract was made. ' They were not caused by the landlord and did not originate upon his premises, but came from an adjoining tenement. The lease contained no covenant…
2Cases cited8 opinions
- Jaffe v. . HarteauNew York Court of Appeals · 1874
- Edwards v. . N.Y. H.R.R. Co.New York Court of Appeals · 1885
- Witty v. . MatthewsNew York Court of Appeals · 1873
- Edwards v. New York & Harlem RailroadNew York Court of Appeals · 1885
- Howard v. DoolittleThe Superior Court of New York City · 1854
3 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Ingalls v. HobbsMassachusetts Supreme Judicial Court · 1892
- Daly v. . WiseNew York Court of Appeals · 1892
- Gould v. . SpringerNew York Court of Appeals · 1912
- Meserole v. . HoytNew York Court of Appeals · 1899
- Howard v. Washington Water Power Co.Washington Supreme Court · 1913
47 more not listed; retrieve them via the Exa API.