Jennings v. Alexander
New York Court of Common Pleas
Appeal by defendant from a judgment of tbe Marine Court. This action was brought by tbe plaintiff as assignee of one Charles S. Roe, to recover rent. Charles S. Roe was the owner of premises No. 406 Sixth avenue. At the time he became the owner of the premises they were leased to one 0. W. Burnham — 0. R. Burnham being surety on the lease. 0. W. Burnham died.
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Appeal by defendant from a judgment of tbe Marine Court. This action was brought by tbe plaintiff as assignee of one Charles S. Roe, to recover rent. Charles S. Roe was the owner of premises No. 406 Sixth avenue. At the time he became the owner of the premises they were leased to one 0. W. Burnham — 0. R. Burnham being surety on the lease. 0. W. Burnham died. No letters of administration were taken out, but his widow assigned the lease to 0. R. Burnham, the surety, who took possession, and subsequently leased to the defendant. The plaintiff’s assignor, C. S. Roe, collected a part of the rent…
1Opinion of the Court
Brady, J. —
There was neither privity of estate nor privity^f contract between tbe plaintiff or bis assignor and tbe defendant, and no action can be maintained by tbe lessor against an under-tenant upon the lessee’s covenant to pay rent. McFarlan v. Watson, 3 Comstock, 286. And no action to recover for tbe use and occupation of premises can be maintained, unless there is an agreement for tbe use of tbe premises, express or implied, between tbe plaintiff or bis assignor and tbe defendant. 1 R. S. 748, § 26 ; Wood v. Wilcox, 1 Denio, 38 ; Bancroft and wife v. Wardwell, 13 Johns. R. 489 ; Hall v.…
2Cases cited3 opinions
- Williams v. ShermanNew York Supreme Court · 1831
- Wood v. WilcoxCourt for the Trial of Impeachments and Correction of Errors · 1845
- Hall v. SouthmaydNew York Supreme Court · 1853
3Cited by3 opinions
- Greaton v. SmithNew York Court of Common Pleas · 1860
- Holman v. DeLinOregon Supreme Court · 1897
- Hunt v. WolfeNew York Court of Common Pleas · 1868