Bacon v. Albany Perforated Wrapping Paper Co.
New York Supreme Court
Action by assignee of lessor on tenant’s covenant to pay rent. Defense, that premises were rendered untenable by fire and not put in tenantable condition at the time called for by the lease.
1Opinion of the CourtMcAdam, J.
The lease demised the premises No-. 28 Elm street, New York city, for ten years and six months from November 1, 1890, at $4,000 a year, .in monthly payments. On June 14, 1894, a fire occurred, and the building, though not destroyed, was damaged to an extent that rendered it untenantable.' The dispute arises under the special covenant of the lease which provides “ that, in case the building or buildings erected on these premises hereby leased -shall be partially destroyed by fire, the same shall be repaired as speedily as possible at the expense of the party of the first part ” (landlord); “…
2Cases cited7 opinions
- Witty v. . MatthewsNew York Court of Appeals · 1873
- Suydam v. . JacksonNew York Court of Appeals · 1873
- Butler v. . KidderNew York Court of Appeals · 1881
- Bloomer v. MerrillNew York Court of Common Pleas · 1865
- Higgins v. . Delaware, L. W.R.R.New York Court of Appeals · 1875
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Nimmo v. HarwayAppellate Terms of the Supreme Court of New York · 1898
- Barbour v. WaterstonMichigan Supreme Court · 1936
- Guernsey v. Butterick Publishing Co.Appellate Terms of the Supreme Court of New York · 1914
- Weinberg v. SavitzkyAppellate Terms of the Supreme Court of New York · 1905
- Dubner v. Jamaica Puntine Leasehold Corp.Appellate Division of the Supreme Court of the State of New York · 1931
1 more not listed; retrieve them via the Exa API.