Edgerton v. Page
New York Court of Common Pleas
Appeal ,by the plaintiff from a judgment at special term.— The facts of this case will be found reported ante vol. 12, p. 58.
1Opinion of the Court
Daly, Judge.
The matters set up by the answer are relied upon, either as a bar to the action, or as establishing a claim of damages against the plaintiff, which may be set up in this action by way of counter-claim. ?
It is not denied by the answer—indeed, the answer admits that the defendant continued to occupy during the whole period for which rent is claimed; and the first question presented is, whether a tenant who thus continues in the occupation of the whole of the premises demised, is released from the payment of rent because the landlord has committed acts which have diminished the…
2Cases cited7 opinions
- Dyett v. PendletonCourt for the Trial of Impeachments and Correction of Errors · 1826
- Howard v. DoolittleThe Superior Court of New York City · 1854
- Lewis v. PaynNew York Supreme Court · 1830
- Bennet v. BittleSupreme Court of Pennsylvania · 1834
- Pendleton v. DyettNew York Supreme Court · 1825
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