Cross v. Upson
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Milwaukee County. This action was for rent alleged to be due from tbe defendant upon a lease of a storeroom in Milwaukee to Wm. Strickland, for five years from May 1, 1857, wbicb lease, tbe complaint alleges, was assigned by Strickland to tbe defendant on tbe 22d of December, 1857. Tbe facts are stated in tbe opinion of tbe court.
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APPEAL from tbe Circuit Court for Milwaukee County. This action was for rent alleged to be due from tbe defendant upon a lease of a storeroom in Milwaukee to Wm. Strickland, for five years from May 1, 1857, wbicb lease, tbe complaint alleges, was assigned by Strickland to tbe defendant on tbe 22d of December, 1857. Tbe facts are stated in tbe opinion of tbe court. Tbe indorsement upon tbe lease, there referred to, was made in April, 1858, and was in these words: “ In consideration of’ one dollar, I hereby agree to take $2,000 for one year only from this date, payable in tbe manner within…
1Opinion of the Court
By the Court,
Dixow, C.. J.
The complaint charges an assignment of the lease to the defendant; the answer denies it; and this is the only point in controversy. In support of the complaint, it is shown that the defendant bought Strickland’s stock of goods, and succeeded him in the possession of the demised premises, on the 22d day of December, 1857, and continued therein until about the first day of November, 1859; and that he paid the plaintiff one — perhaps two — quarters’ rent according to the terms of the lease; the last being for the quarter ending April 80,1858. On the other side, it is…
2Cases cited2 opinions
- Williams v. WoodardNew York Supreme Court · 1829
- Quackenboss v. ClarkeNew York Supreme Court · 1834
3Cited by14 opinions
- Frank v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1890
- Frank v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1890
- Frith v. WrightCourt of Appeals of Texas · 1915
- Dickinson Co. v. FitterlingSupreme Court of Minnesota · 1897
- Gunsolus v. LormerWisconsin Supreme Court · 1882
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