Carter v. Burr
New York Supreme Court
THIS action was brought to recover rent claimed to be due under and by virtue of a lease in fee, bearing date the 19th day of January, 1842, and made and executed by the plaintiff to and with the defendant and one Archibald Hoyt. The rent accrued between the 1st day of August, 1850, and the first day of February, 1858. The premises were situated in the city of Troy.
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THIS action was brought to recover rent claimed to be due under and by virtue of a lease in fee, bearing date the 19th day of January, 1842, and made and executed by the plaintiff to and with the defendant and one Archibald Hoyt. The rent accrued between the 1st day of August, 1850, and the first day of February, 1858. The premises were situated in the city of Troy. The defendant claimed that the plaintiff had broken various covenants in the lease, by reason of which the defendant had sustained damages to a greater amount than' the rent claimed to be due. The cause, together with another suit…
1Opinion of the Court
By the Court,
Miller, J.
The principal question in this case arises in reference to the principle adopted by the referee in allowing damages to the defendant, hy reason of his failure to enjoy the entire privileges granted by the lease. The referee decided that the defendant was entitled to an apportionment of the rent of the demised premises in consequence of the eviction, and to costs of repairs made hy the defendant growing out of the plaintiff’s failure to repair. He also held that the defendant was not entitled to recoupe the value of the lease over and above the rent, or for rents he…
2Cases cited9 opinions
- Baldwin v. MunnNew York Supreme Court · 1829
- Driggs v. DwightNew York Supreme Court · 1837
- Kinney v. WattsNew York Supreme Court · 1835
- Giles v. O'TooleNew York Supreme Court · 1848
- Morris v. PhelpsNew York Supreme Court · 1809
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3Cited by3 opinions
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- The Mayor v. KetchumNew York Supreme Court · 1884
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