Legal Opinion

Quackenboss v. Clarke

New York Supreme Court

Decided October 15, 1834PublishedCited by 20 opinions

Error from the Otsego common pleas. Clarke sued Quackenboss in a justice’s court, and declared against him in covenant, as the assignee of a lease of certain premises demised by the plaintiff to one James Washington, on the 3d August» 1827, for the term of 31 years, subject to an annual rent of $20. He averred that the premises came to the defendant by assignment, and that three years rent became due, and remained unpaid on the 4th February, 1831. The defendant pleaded,…

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Error from the Otsego common pleas. Clarke sued Quackenboss in a justice’s court, and declared against him in covenant, as the assignee of a lease of certain premises demised by the plaintiff to one James Washington, on the 3d August» 1827, for the term of 31 years, subject to an annual rent of $20. He averred that the premises came to the defendant by assignment, and that three years rent became due, and remained unpaid on the 4th February, 1831. The defendant pleaded, admitting the lease, but denying that any assignment had ever been executed to him. The justice rendered judgment for the…

1Opinion of the Court

*556 By the Court,

Savage, Ch. J.

The fact is fully established by the special verdict, that the defendant never was assignee, though he has often declared himself owner of the premises. the part of the plaintiff below, it is contended that the defendant was estopped from setting up the defence put forward in this case. It is conceded by the defendant, that proving him in possession is sufficient, in the first instance, to establish his character as assignee; and the plaintiff admits that the defendánt may disprove that he is assignee, by showing that he is under-tenant, or has some lesser estate.…

2Cases cited1 opinion

  1. Williams v. WoodardNew York Supreme Court · 1829

3Cited by20 opinions

  1. Bedford v. . TerhuneNew York Court of Appeals · 1864
  2. Frank v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1890
  3. Camp v. ScottSupreme Court of Connecticut · 1879
  4. Frank v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1890
  5. Donelson v. PolkCourt of Appeals of Maryland · 1886

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