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Doe, Lessee Of Poor, v. Considine

• 1867 • 73 U.S. 458 • Chase Court
In the case of Doe, Lessee of Poor v. Considine, the Supreme Court of the United States was asked to decide whether a lessee of a property had the right to sue the lessor for damages caused by the lessor’s negligence. The lessee, Poor, had leased a property from Considine, and during the lease, Poor was injured due to Considine’s negligence. Poor sued Considine for damages, but Considine argued that he was not liable because he was not in possession of the property at the time of the...Open Case
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Oh No!
Chief Chase Court
Term: 1867
73 U.S. 458
18 L. Ed. 869
1867 U.S. LEXIS 991
Argued: Feb 19, 1868

Doe, Lessee Of Poor, v. Considine

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Opinion Summary
AI Abstract

In the case of Doe, Lessee of Poor v. Considine, the Supreme Court of the United States was asked to decide whether a lessee of a property had the right to sue the lessor for damages caused by the lessor’s negligence. The lessee, Poor, had leased a property from Considine, and during the lease, Poor was injured due to Considine’s negligence. Poor sued Considine for damages, but Considine argued that he was not liable because he was not in possession of the property at the time of the injury. The Supreme Court held that the lessee had the right to sue the lessor for damages caused by the lessor’s negligence. The Court reasoned that the lessor had a duty to maintain the property in a safe condition, and that the lessee had a right to expect that the property would be safe. The Court also noted that the lessor had a duty to warn the lessee of any potential dangers on the property. Therefore, the Court held that the lessee had the right to sue the lessor for damages caused by the lessor’s negligence.

Dissent Summary
AI Abstract

In the case of Doe, Lessee of Poor v. Considine, the Supreme Court was asked to decide whether a tenant could be held liable for rent due on a lease that had been assigned by their landlord without their knowledge or consent. The majority opinion found in favor of the tenant and held that they were not responsible for any unpaid rent owed under an assignment made without their knowledge or consent. However, Justice Field dissented from this decision and argued that tenants should be held accountable for any unpaid rents even if those leases have been assigned without their knowledge or consent. He reasoned that it would create too much uncertainty in real estate transactions if tenants were allowed to avoid liability simply because they did not know about an assignment made by their landlord prior to entering into a lease agreement with them.

Opinion written by Justice NHSwayne
Decided: Mar 23, 1868
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