Damainville v. . Mann
New York Court of Appeals
These cases are appeals from judgments rendered in the Superior Court of the city of Buffalo. They are identical in all respects, except the names and number of the plaintiffs, and involve the same identical legal principles.
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These cases are appeals from judgments rendered in the Superior Court of the city of Buffalo. They are identical in all respects, except the names and number of the plaintiffs, and involve the same identical legal principles. The plaintiffs are the owners of the reversion in fee of certain premises in Buffalo, 20 feet in width from the terrace to the canal, demised by Louis Le Couteulx to Josiah Trowbridge, for the term of 30 years, from May 1st, 1835, by lease, hearing date August 22, 1838, at the annual rent of $100 for the first ten years, $125 for the second 10 years, and $150 for the…
1Opinion of the CourtBrown, J.
The liability of the assignee, however remote, of an unexpired term, for years or for life, to pay the lessor and his assignees and representatives the rent of the demised premises does not seem to be open to dispute, although the principle upon which the liability rests is involved in some obscurity. When we learn that the common law relations between the assignees of the lessee and the lessor and his assignees is not privily of contract, but privity of estate, we make but little progress. For, notwithstanding some conflict-amongst the earlier cases, we shall find that this relation alone,…
2Cases cited1 opinion
- Astor v. MillerNew York Court of Chancery · 1830
3Cited by9 opinions
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- Babcock v. ScovilleIllinois Supreme Court · 1870
- Board of President & Directors of St. Louis Public Schools v. Boatmen's Insurance & Trust Co.Missouri Court of Appeals · 1878
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