Mariner v. Crocker
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. This action was brought against the defendant as receiver of the La Crosse & Milwaukee Railroad Company, to recover rent for a certain building in the city of Milwaukee, alleged to have been occupied by the defendant as assignee of a lease thereof from the plaintiff.
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APPEAL from the Circuit Court for Milwaukee County. This action was brought against the defendant as receiver of the La Crosse & Milwaukee Railroad Company, to recover rent for a certain building in the city of Milwaukee, alleged to have been occupied by the defendant as assignee of a lease thereof from the plaintiff. The complaint alleges in substance that the plaintiff demised the premises to Selah Chamberlain for one year from April 1, 1850, with the privilege to the lessee of extending the term to four years ; that he put Chamberlain into possession and kept him in the quiet and peaceable…
1Opinion of the Court
By the Court,
Cole, J.
It is impossible to distinguish this case in principle from that of Cross v. Upson, 17 Wis., 618. It was there held, in effect, that the presumption that a party found in possession of demised premises was there as assignee of the lessee, was but a presumption liable to be rebutted or disproved by sufficient evidence that such person never in fact had an assignment of the lease. The action is for rent on the covenants of the lease, and it is sought to charge the appellant as assignee. The assignment is denied, and no actual assignment is attempted to be shown. But from…
2Cases cited1 opinion
- Cross v. UpsonWisconsin Supreme Court · 1864
3Cited by4 opinions
- Paulson v. Town of PelicanWisconsin Supreme Court · 1891
- Wittman v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1881
- Thompson v. AckermanOhio Circuit Courts · 1901
- Thompson v. AckermanAllen Circuit Court · 1901