Walton v. . Stafford
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 29,1897, in favor of plaintiff, the trial court having directed a verdict in favor of defendants upon their counterclaim, subject to the opinion of the Appellate Division. The nature of the action and the facts, so far as material, are stated in the opinion. The assignee is liable upon the covenant to pay rent which matured while he was in possession.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 29,1897, in favor of plaintiff, the trial court having directed a verdict in favor of defendants upon their counterclaim, subject to the opinion of the Appellate Division. The nature of the action and the facts, so far as material, are stated in the opinion. The assignee is liable upon the covenant to pay rent which matured while he was in possession. ( Woodruff v. E. Ry. Co., 93 N. Y. 624; Frank v. N. Y., L. E. & W. R. R. Co., 122 N. Y. 219; Holsman v. De Gray, 6 Abb. Pr. 79;…
1Opinion of the CourtBartlett, J.
The claim set forth in the complaint is not disputed, and the question presented by this appeal is whether the defendants are entitled to judgment on their counterclaim for balance unpaid after deducting amount due plaintiff.
The plaintiff’s assignor, Francis T. Walton, leased of the defendants in February, 1893, the Grand Hotel, in the city of Hew York, for a term of years; the tenant, on the 2d day of January, 1894, made a general assignment for the benefit of his creditors to the plaintiff, and the latter took possession of the assigned property on that day.
This case was heard at the Trial…
2Cases cited1 opinion
- Childs v. ClarkNew York Court of Chancery · 1848
3Cited by18 opinions
- In re General Assignment for the Benefit of Creditors of Premier Container Corp.New York Supreme Court · 1978
- Holtz v. BabcockMontana Supreme Court · 1964
- JPMorgan Chase Bank, N.A. v. MalarkeyAppellate Division of the Supreme Court of the State of New York · 2009
- Brown v. LoewenbachWisconsin Supreme Court · 1935
- Prince v. SchlesingerAppellate Division of the Supreme Court of the State of New York · 1906
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