Johnson v. Oppenheim
The Superior Court of New York City
Appeal from judgment entered upon the verdict of a I jury and from order denying defendants’ motion for a |new trial upon the judge’s minutes.
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Appeal from judgment entered upon the verdict of a I jury and from order denying defendants’ motion for a |new trial upon the judge’s minutes. The action was brought to recover thirty-five hunIdred dollars, a quarter’s rent, due November 1, 1869, |of the premises, with the buildings thereon, known' as To. 475 Broadway, running through to Mercer-street, [under a léase of the premises made by the plaintiffs, ¡the owners, to the defendants, dated January 15,1869, for five years, from May 1, 1869, "at the annual rent of fourteen thousand dollars, payable quarterly. The lease contains the usual…
1Opinion of the Court
By the Court.—Freedman, J.
The covenant for quiet enjoyment contained in the leáse means only that the tenants shall not be evicted by a paramount title. It relates only to the title, and not to the actual possession or undisturbed enjoyment, where there is no eviction from the premises demised.
Nor is there any actual or implied contract or warranty on the part of the plaintiffs in this case, that the premises demised shall be or continue fit for the purposes of defendants’ business. . The clause contained in the lease, which requires the premises to be used in the business of importers and…
2Cases cited9 opinions
- Parker & Edgarton v. FooteNew York Supreme Court · 1838
- Doupe v. . GeninNew York Court of Appeals · 1871
- Myers v. GemmelNew York Supreme Court · 1851
- Howard v. DoolittleThe Superior Court of New York City · 1854
- Palmer v. WetmoreThe Superior Court of New York City · 1849
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