Doupe v. Gennin
The Superior Court of New York City
The defendant was the Owner of the building, No. 707 Sixth avenue, in this city. He rented the store and basement to the defendant for a term .of five years and ten months, and the upper part of the building to one Trenor, for a dancing-hall. A fire occurred in an adjoining building, which communicated with .the upper part of the defendant’s building, consuming the roof and most of the building above the first story.
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The defendant was the Owner of the building, No. 707 Sixth avenue, in this city. He rented the store and basement to the defendant for a term .of five years and ten months, and the upper part of the building to one Trenor, for a dancing-hall. A fire occurred in an adjoining building, which communicated with .the upper part of the defendant’s building, consuming the roof and most of the building above the first story. The complaint alleged that the defendant covénanted, by and in the giving of the lease, that the plaintiff should have quiet, peaceable, and full use of the store and basement…
1Opinion of the Court
By the court, Monell, J.
The lease of the plaintiff contained a. covenant on his part to keep the premises in repair during the term. There was no covenant to repair on the part of the landlord, nor any other covenant on his part, except the covenant relating to the abatement of rent during the time the premises might be made unteantable by fire.
A covenant of quiet and peaceable enjoyment may, however, be implied (Mayor of New York agt. Mabie, 13 N. Y. R., 151), but a mere interruption of the use and enjoyment of the premises, consequential upon repairs being made of other parts of the…
2Cases cited4 opinions
- Howard v. DoolittleThe Superior Court of New York City · 1854
- Gates & Colvin v. GreenNew York Court of Chancery · 1834
- Sherwood v. SeamanThe Superior Court of New York City · 1857
- Willard v. TillmanNew York Supreme Court · 1838
3Cited by3 opinions
- Purcell v. EnglishIndiana Supreme Court · 1882
- Rogan v. DockeryMissouri Court of Appeals · 1886
- Johnson v. OppenheimThe Superior Court of New York City · 1872