Superior Court.
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Oct. l6-John s. Coppeuf Us. George Ddyfen.-This
an action of assnmsit, to quarters rent
claimed by plaintiff landlord OF premises S37 Green
wich street. 1t was shown evidence that written
agreement entered into by the parties defendant
having held by parole. At the period for which the
amount claimed, being quarters rent (Sl75 end
ing in May, lSa5 it appeared defendant did not occupy
premises being then in the possession Of Mrs Ora
nam and family, tenants The defence set up was,
that the defendant not the tenant and that the els
attached accumulated noxous sort of deposite
which generated a disagreeable smell and foul arr
through the house. endanger the health OF three
members of the Graham family one OF whom became de-
ranged; and they subsequently compelled to leave
the premises further put in for defence that the
defendant had no night to pay IN consequence Of the in
juries thus sustained by the Graham family. His Honor
charged the tenant, who held by paroie liable
by the statute The jury rendered verdict for plaintiff
$3.50 81 cents damages, and six cents costs.


For plantif, Mr. L. H. Davis. For defendant, Msssrs
Line and Pr;chard