Stover v. Chasse
New York Court of Common Pleas
Appeal from first district court. Summary proceedings by Alfred Stover, as landlord, against Raphael Chasse, as tenant. From a judgment in favor of defendant, plaintiff appeals.
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Appeal from first district court. Summary proceedings by Alfred Stover, as landlord, against Raphael Chasse, as tenant. From a judgment in favor of defendant, plaintiff appeals. In February, 1891, James S. Wilson and Edwin B. Wilson, then being the landlords of the leasehold premises known as “No. 55 Vesey Street,” in this city, by an instrument in writing leased to one Raphael Chasse, the respondent herein, as tenant, the front basement of said premises for the term of two-years from May 1, 1891, as a barber shop, and by which lease the respondent was given the first refusal of said premises…
1Opinion of the CourtGiegerich, J.
The sole question presented for solution by this appeal is whether the instrument made by Mrs. Schultheis to the •appellant operated as an assignment of the entire estate of the former in the Chasse lease, or as a sublease. “An assignment, as applied to leasehold interests, is properly defined to be a transfer or making over to another of the right one has in the unexpired residue of a term or estate for years. Though the interest be future, as a term of years to commence in futuro, the transfer is valid, because the interest is vested in praesenti, though it does not take effect till a…
2Cases cited4 opinions
- Stewart v. . Long Island R.R. Co.New York Court of Appeals · 1886
- Woodhull v. . RosenthalNew York Court of Appeals · 1875
- Collins v. . HasbrouckNew York Court of Appeals · 1874
- Kelly v. SmithNew York Court of Common Pleas · 1891
3Cited by3 opinions
- Clark v. GreenfieldNew York Court of Common Pleas · 1895
- Levy v. WinklerAppellate Terms of the Supreme Court of New York · 1908
- Stover v. ChasseNew York Court of Common Pleas · 1894