Legal Opinion

Schermerhorn v. Gouge

New York Supreme Court

Decided September 15, 1861PublishedCited by 4 opinions

Demurrer to an answer. The facts are sufficiently stated in the opinion.

1Opinion of the CourtLeonard, J.

—The action is brought to recover for the rent of premises occupied by the defendants under a lease from the plaintiffs.

The defendants deny none of the allegations of the complaint. They answer that the plaintiffs, to induce the defendants to take the premises, fraudulently represented that the store was a good, strong, and substantial "building, fit to be used for their business of manufacturing and selling hats; and that they, relying on these statements, entered into the lease. That the plaintiffs, by *316means of the premises, impliedly warranted that the building was good, strong, and…

2Cited by4 opinions

  1. Brown v. BledsoeIdaho Supreme Court · 1879
  2. Chadwick v. WoodwardCity of New York Municipal Court · 1883
  3. Downing v. NelsonAppellate Terms of the Supreme Court of New York · 1906
  4. Pomeroy v. TylerCity of New York Municipal Court · 1887

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