Bloomer v. Merrill
New York Court of Common Pleas
Appeal by the defendant from a judgment of the Marine Court. oTIie plaintiff brought a suit iu the Marine Court to recover a balance of rent due from ¡¡November 1st, 1S63 to May 1st, 1861. It ivas admitted that the plaintiff leased the premises in question to the defendant for six months from the 1st of ¡¡November at §35 per month, and that he, defendant, had paid but 390 on account of it.
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Appeal by the defendant from a judgment of the Marine Court. oTIie plaintiff brought a suit iu the Marine Court to recover a balance of rent due from ¡¡November 1st, 1S63 to May 1st, 1861. It ivas admitted that the plaintiff leased the premises in question to the defendant for six months from the 1st of ¡¡November at §35 per month, and that he, defendant, had paid but 390 on account of it. It appeared, however, that on the first of December, the defendant went to the plaintiff, and told him the place was in such bad condition that it was not fit to live in, and he should move on the first of…
1Opinion of the Court
By the Court.
Daly, F. J.
There was no provision in the agreement, which was in writing, that the landlord should make any repairs, and when that is the case, the tenant takes the premises for better or for worse, and must pay the rent for the term demised, the landlord being under no obligation to repair them (Mumford v. Brown, 6 Cow. R., 475). The statute of 1860 (Laws of 1860, p. 592), must he held to apply only where the building "is destroyed or so injured by the elements or other cause, as to become untenantable and unfit for occupancy,” after the tenant has been in occupation. It never…
2Cases cited1 opinion
- Watson v. DavisNew York Supreme Court · 1838
3Cited by18 opinions
- Suydam v. . JacksonNew York Court of Appeals · 1873
- Respini v. PortaCalifornia Supreme Court · 1891
- Oldewurtel v. WiesenfeldCourt of Appeals of Maryland · 1903
- Dalton v. LoughlinNew York Court of Common Pleas · 1877
- Brown v. CairnsSupreme Court of Iowa · 1898
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