Wilde v. Smith
New York Court of Common Pleas
Appeal by the defendant from a judgment of this court, entered on the decision of a judge thereof at trial term, a jury having been waived.
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Appeal by the defendant from a judgment of this court, entered on the decision of a judge thereof at trial term, a jury having been waived. The action was brought to charge the defendants as trustees of the Smith, Phinney Sc Smith Nickel Co., a corporation organized under the Manufacturing and Mining Companies’ Act of 1848, for a debt alleged to be due from that company to the plaintiff, on the ground that no annual reports had been filed by the trustees, as required by the statute. On the trial and on appeal the question litigated was, whether there was any debt due from the corporation to…
1Opinion of the Court
Charles P. Daly, Chief Justice.
The assignments by the defendants to Adams and Clark, and by them to The Nickel Plating Company, did not release the defendants from their liability to pay the royalty under their covenant. A lessee is not released from his covenant to pay rent by assigning the lease, and the reason wh)r he is not is equally applicable to the assignment in the present case. The lessee cannot discharge himself from his liability by his own act. (Walker’s Case, 8 Co. 28.) A lessor has the right to rely upon the one with whom he contracted, and who covenanted to pay the rent, and…
2Cases cited7 opinions
- Allen v. CulverNew York Supreme Court · 1846
- Piggot v. MasonNew York Court of Chancery · 1829
- Walton v. Cronly's AdministratorNew York Supreme Court · 1835
- Martin v. BakerIndiana Supreme Court · 1839
- Thompson v. RoseNew York Supreme Court · 1828
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