Moffatt v. . Smith
New York Court of Appeals
Assumpsit in the superior court of the city of Hew York, for use and occupation of a dwelling house in Broadway, tried before Oakley, C. J. in February, 1848. It was proved that Abraham H. Lawrence, by writing dated April 18th, 1845, without seal, leased the premises in question to the defendant Smith, for two years from the 1st of May thereafter.
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Assumpsit in the superior court of the city of Hew York, for use and occupation of a dwelling house in Broadway, tried before Oakley, C. J. in February, 1848. It was proved that Abraham H. Lawrence, by writing dated April 18th, 1845, without seal, leased the premises in question to the defendant Smith, for two years from the 1st of May thereafter. On the 31st March, 1846, Lawrence assigned the lease to the plaintiff, Moffatt; but the assignment did not convey Lawrence’s reversionary estate in the land. William Hutchinson, a witness for the plaintiff, testified that the premises were occupied…
1Opinion of the CourtRuggles, J.
Payment of rent by the defendant, Smith, to the plaintiff, was sufficient prima fade to show that Shepherd’s occupancy of the demised premises was under Smith, the defendant ; and the case stands therefore, as if Smith had himself been the actual occupant under the lease from Lawrence.
But the defendant insists that this action can not be maintained in Moffatt’s name, because he was not the assignee of the reversion as well as of the rent. It has been settled in England and here, that the assignee of the rent alone, without the reversion, may recover in his own name in an action of debt.…
2Cited by18 opinions
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- Cargill v. ThompsonSupreme Court of Minnesota · 1894
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- Poughkeepsie Savings Bank v. R & G Sloane Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1981
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