Estate v. Giesler
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Host. Jacob Klein, Judge. Where the lease stipulates that no assignment thereof shall be made by the lessee without the written consent of the lessor and the lessee does nevertheless without such consent assign the lease and puts his assignee in possession, the lessor or his assignees can not maintain an action against the lessee’s assignee or those claiming under him for taxes due by the terms of the original lease.
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Appeal from the St. Louis City Circuit Court. — Host. Jacob Klein, Judge. Where the lease stipulates that no assignment thereof shall be made by the lessee without the written consent of the lessor and the lessee does nevertheless without such consent assign the lease and puts his assignee in possession, the lessor or his assignees can not maintain an action against the lessee’s assignee or those claiming under him for taxes due by the terms of the original lease. Hynes v. Ecker, 34 Mo. App. 650. Lessee restraining from assigning without leave can have assigns of only two sorts, either an…
1Opinion of the CourtBiggs, J.
*546„ Statement. *545— In 1877' Mary L. Tyler leased certain premises to Frances A. Keith. The leasehold was for a term of twenty years, and the lease contained covenants on the part of the lessee to pay an annual rental and all taxes assessed against the property during the life of the lease. The lessee also covenanted that she would not assign or sublet the premises, except by the *546■written consent of the lessor or her assigns. In 1888 Mary L. Tyler conveyed the premises to plaintiff. In February 1893, Mrs. Keith sold and transferred her interest in the lease to the defendant.
This assignment was…
2Cases cited3 opinions
- Mason v. SmithMassachusetts Supreme Judicial Court · 1881
- Board of President & Directors of St. Louis Public Schools v. Boatmen's Insurance & Trust Co.Missouri Court of Appeals · 1878
- Hynes v. EckerMissouri Court of Appeals · 1889
3Cited by5 opinions
- Bauer v. WhiteMissouri Court of Appeals · 1930
- Weigle v. RogersMissouri Court of Appeals · 1919
- Jenkins v. John Taylor Dry Goods Co.Supreme Court of Missouri · 1944
- McMorris v. Keeley Real Estate Co.Missouri Court of Appeals · 1910
- Tyler Estate v. GieslerMissouri Court of Appeals · 1900