Wolcott v. Sullivan

Citations

• 6 Paige Ch. 117

Syllabus

<p>Where an agent, having the money of his principal to be loaned, lent it to VV. for three years, with interest payable semi-annually, and took a mort, gage therefor in his own name without disclosing the fact that it was the money of a third person ; and at the same time took from the mortgagor a lease of the mortgaged premises for throe years, for his own use, reserving the rent to be paid semi-annually, and shortly after assigned the bond and mortgage to the real owner thereof; Held, that the mortgagor was not entitled to offset the rent which accrued subsequent to the time when he had notice of the facts, and after he had been forbidden to pay the principal or interest of the mortgage to such agent, without showing that the agent was insolvent and that he could not have collected such rent from him.</p> <p>If a party comes into chancery to obtain relief on the ground that he has not an adequate remedy at law, he must satisfy this court that his claim to relief is just and equitable, or it will not interfere in bis behalf.</p> <p>Where the landlord covenants to keep leasehold premises in tenantable repair during the term, itis the duty of the tenant to give him notice of the fact if the premises become ruinous or untenantable; especially where the tenant has, by the terms of the lease, secured to himself the right to make such repairs, and to deduct the expenses thereof from his rent.</p>