Wells v. . Higgins
New York Court of Appeals
Appeal from judgment of tlie General Term of the Supreme 'Court in the first judicial department, entered upon an order made May 24, 1889, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court. This was an action by a lessor against the receiver of the estate of a deceased' lessee to recover the rent reserved and certain taxes, which, by the terms of the lease, were to be paid by the tenant.
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Appeal from judgment of tlie General Term of the Supreme 'Court in the first judicial department, entered upon an order made May 24, 1889, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court. This was an action by a lessor against the receiver of the estate of a deceased' lessee to recover the rent reserved and certain taxes, which, by the terms of the lease, were to be paid by the tenant. By a lease dated February 15, 1871, the trustee of one Clement Moore demised to John H. McCunn certain lands in 'the city of Hew York for the term of twenty-one…
1Opinion of the CourtVann, J.
The defendant contends that he is not liable in 'this action because there was privity neither of contract nor • estate between himself and the plaintiff. There was no privity • of contract, but we think that the facts appearing in the foregoing statement conclusively show that the defendant was in possession of the premises in question and, presumptively, that he was in possession from March 3, 1877, when his bond as receiver was filed. If he did not then take possession, it was incumbent on him to show it. He admitted that he was ■appointed receiver February 28, 1877, that he subsequently ■…
2Cases cited4 opinions
- Woodruff v. . Erie Railway CompanyNew York Court of Appeals · 1883
- Adams v. . Irving National BankNew York Court of Appeals · 1889
- Pugsley v. . AikinNew York Court of Appeals · 1854
- Tuers v. . TuersNew York Court of Appeals · 1885
3Cited by10 opinions
- Stokes v. . Hoffman House of New YorkNew York Court of Appeals · 1901
- In re the Accounting of Chase National BankNew York Surrogate's Court · 1954
- Prince v. SchlesingerAppellate Division of the Supreme Court of the State of New York · 1906
- Perrin & Smith Printing Co. v. Cook Hotel & Excursion Co.Missouri Court of Appeals · 1906
- Rapee v. Beacon Hotel Corp.New York Court of Appeals · 1944
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