Johnston v. Merritt
New York Court of Common Pleas
Case submitted without action. The submission was as follows : “ Benjamin B. Johnston claims to recover of Augustus Merritt, three hundred dollars, and Augustus Merritt resists said action.
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Case submitted without action. The submission was as follows : “ Benjamin B. Johnston claims to recover of Augustus Merritt, three hundred dollars, and Augustus Merritt resists said action. “ The following are the facts upon which the said controversy depends: “ Daniel Berrien, Theodore Berrien and Charles Reimer, composing the firm of D. Berrien & Co., on March 31th, 1880, hired and rented from D. Willis James, the building and premises known as No. 231 Pearl Street, in the City of New York, for the term of one year from May 1st, 1880, at the yearly rent of twelve hundred dollars, payable in…
1Opinion of the CourtJ. F. Daly, J.
Where an assignee under an assignment for the benefit of creditors enters upon premises leased by the assignor and occupies them for the purpose of possessing himself of the term as assignee thereof, an action may be maintained against him for the whole of the rent falling due while he is in possession (Jones v. Hausmann, 10 Bosw. 168). But *310such an assignee who enters upon the demised premises merely to remove the goods and remains in occupation no longer than is reasonably necessary for such purpose, is not liable for the rent (Lewis v. Burr, 8 Bosw. 140). The assignee has the right to elect…
2Cases cited4 opinions
- Journeay v. BrackleyNew York Court of Common Pleas · 1857
- Carter & Carter v. Hammett & BalchNew York Supreme Court · 1851
- Lewis v. BurrThe Superior Court of New York City · 1861
- Jones v. HausmannThe Superior Court of New York City · 1863
3Cited by3 opinions
- In re the Assignment of LinkNew York Court of Common Pleas · 1887
- In re the Assignment of WhitneyAppellate Division of the Supreme Court of the State of New York · 1911
- Myers v. HuntCity of New York Municipal Court · 1887