Legal Opinion

Mumford v. Brown

New York Supreme Court

Decided October 15, 1826PublishedCited by 26 opinions

On error from the Seneca C. P. Brown sued Mumford before a justice, for money paid and work done, in repairing certain premises of which the parties were tenants in common. The former recovered ; and the latter appealed to the C. P. where the former also recovered ; on this state of facts, presented upon bill of exceptions : the parties being tenants in common of a lot, the plaintiff below made aboard fence on the rear, where an old fence had rotted down.

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On error from the Seneca C. P. Brown sued Mumford before a justice, for money paid and work done, in repairing certain premises of which the parties were tenants in common. The former recovered ; and the latter appealed to the C. P. where the former also recovered ; on this state of facts, presented upon bill of exceptions : the parties being tenants in common of a lot, the plaintiff below made aboard fence on the rear, where an old fence had rotted down. The new fence was a substantial benefit ; and the lot would produce as much additional rent, as would pay for the repairs. When the…

1Opinion of the Court

Curia, per

Savage, Ch. J.

Clearly, the. defendant below was not liable as landlord. It is notin the power of a tenant to make repairs at the expense of his landlord, unless there be a special agreement between them, authorizing him to do this. The tenant takes the premises for better and for worse ; and cannot involve his landlord in expense for repairs, without his consent.

It is, however, a different question, whether the defendant below was not liable as tenant in common, for such repairs as were necessary to preserve the property.

The ancient mode of proceeding, by one tenant in common…

2Cases cited1 opinion

  1. Loring v. BaconMassachusetts Supreme Judicial Court · 1808

3Cited by26 opinions

  1. Witty v. . MatthewsNew York Court of Appeals · 1873
  2. Franklin v. . BrownNew York Court of Appeals · 1889
  3. Cosgriff v. . FossNew York Court of Appeals · 1897
  4. Barrett v. BoddieIllinois Supreme Court · 1895
  5. Van Every v. OggCalifornia Supreme Court · 1881

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