Tallman v. Earle
New York Court of Common Pleas
Appeal from trial term. Action by Jacob B. Tallman against Ferdinand P. Earle to recover for seven months’ rent of apartments let to the defendant on the first floor of the premises 37 West Fifty-Third street.
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Appeal from trial term. Action by Jacob B. Tallman against Ferdinand P. Earle to recover for seven months’ rent of apartments let to the defendant on the first floor of the premises 37 West Fifty-Third street. The answer averred that the building was insecurely erected and untenantable, specifying the particulars, and that in September, 1879, the defendant having paid his rent to the 1st day of October, 1879, anew agreement was entered into between the plaintiff and defendant, whereby it was agreed that if the defendant would surrender the premises, and should agree to pay to one V. K.…
1Opinion of the CourtPryor, J.
Admitting the averments of the complaint, for affirmative defense the answer alleges “that some time in the month of September, 1879, the defendant having paid his rent to the 1st day of October, 1879, the defendant represented to the plaintiff the changed condition of said premises, and the injury to the health of defendant’s family occasioned thereby, and it was thereupon agreed by and between the said plaintiff and the said defendant that if the said defendant should on or prior to the 1st day of October, 1879, surrender to the plaintiff possession of said premises, and should indemnify…
2Cases cited21 opinions
- Tooley v. . BaconNew York Court of Appeals · 1877
- Bedford v. . TerhuneNew York Court of Appeals · 1864
- Marston v. . GouldNew York Court of Appeals · 1877
- Fleming v. GilbertNew York Supreme Court · 1808
- Beall v. WhiteSupreme Court of the United States · 1877
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3Cited by5 opinions
- Geneva Mineral Spring Co. v. CourseyAppellate Division of the Supreme Court of the State of New York · 1899
- Tallman v. EarleNew York Court of Common Pleas · 1893
- Romaine v. Beacon Lithographic Co.New York Court of Common Pleas · 1895
- Ettlinger v. KrugerAppellate Terms of the Supreme Court of New York · 1910
- Number 121 Madison Ave. v. OsgoodNew York Court of Common Pleas · 1892