Edgerton v. . Page
New York Court of Appeals
• Appeal from the Common Pleas of the city and county of New York. Action to recover one quarter’s rent of the first floor of brick building No. 8 Fulton street in said city, for the quarter ending May 1st, 1855, leased by the plaintiff to the defendant for one year from May 1st, 1854, at a yearly rent of $1,500, payable quarterly on the first days of August, November, February and May.
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• Appeal from the Common Pleas of the city and county of New York. Action to recover one quarter’s rent of the first floor of brick building No. 8 Fulton street in said city, for the quarter ending May 1st, 1855, leased by the plaintiff to the defendant for one year from May 1st, 1854, at a yearly rent of $1,500, payable quarterly on the first days of August, November, February and May. The defendant in his answer set out a copy of the lease, by which it appeared that the defendant was to have the privilege of renewal for one year at the same rent. The answer alleged that this privilege was…
1Opinion of the CourtGrover, J.
The demurrer presents two questions: First, whether the facts alleged in the answer constitutes a defence; second, whether they constitute a counter-claim, available to the defendant by way of recoupment or otherwise in this action. The rule has long been settled, that a wrongful eviction of the uenant by the landlord, from the whole or any part of the demised premises, before the rent becomes due, precludes a recovery thereof until the possession is restored. (Christopher v. Austin, 1 Kern., 217.) Whether this eviction must be actual by the forcible removal of the tenant by the landlord from…
2Cases cited1 opinion
- Dyett v. PendletonCourt for the Trial of Impeachments and Correction of Errors · 1826
3Cited by113 opinions
- Barash v. PA. TERM. REAL ESTATE CORP.New York Court of Appeals · 1970
- Boreel v. . LawtonNew York Court of Appeals · 1882
- Royce v. GuggenheimMassachusetts Supreme Judicial Court · 1870
- Teller v. McCoyWest Virginia Supreme Court · 1978
- Keating v. SpringerIllinois Supreme Court · 1893
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