Board of President & Directors of St. Louis Public Schools v. Boatmen's Insurance & Trust Co.
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. The assignee of a lease is liable only by reason of the privity of estate.— Taylor’s L. & T. secs. 436, 443; Astor v. Miller, 2 Paige, 68; Van Rensselaer v. Jones, 2 Barb. 653 ; Weidner v. Foster, 2 Pa. 23. The pi'ivity of estate of assignee is his right of possession, not his actual possession. — Gamón v. Vernon, 2 Lev. 231; Merarou v. Dawson, 5 Barn. & Cress. 482; Stephenson v. Lambard, 2 East, 575; Curtis v. Spitty, 1 Scott, 737 ;…
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Appeal from St. Louis Circuit Court. The assignee of a lease is liable only by reason of the privity of estate.— Taylor’s L. & T. secs. 436, 443; Astor v. Miller, 2 Paige, 68; Van Rensselaer v. Jones, 2 Barb. 653 ; Weidner v. Foster, 2 Pa. 23. The pi'ivity of estate of assignee is his right of possession, not his actual possession. — Gamón v. Vernon, 2 Lev. 231; Merarou v. Dawson, 5 Barn. & Cress. 482; Stephenson v. Lambard, 2 East, 575; Curtis v. Spitty, 1 Scott, 737 ; Williams v. Bousanquet, 5 Eng. Com. Law 72 ; 1 Brod. & B. 238. cited : Damainville v. Mann, 32 N. Y. 201; Negley v. Morgan,…
1Opinion of the CourtBakewell, J.
It appears from the agreed statement of facts on which this cause was tried in the court below, that, in 1865, plaintiff leased, by deed, to Truesdale and Keating, certain premises for a term of twenty years, renewable at the option of *92the lessees, at $250 yearly for the first ten years, and $1,000 per year for the remainder of the term, the lessees to pay taxes. Other provisions in the lease are set out in the statement, but are immaterial for the purposes of this decision. Keating conveyed his individual half to Taylor, as trustee, to secure a debt; and, in 1867, defendant purchased at…
2Cases cited3 opinions
- Astor v. MillerNew York Court of Chancery · 1830
- Damainville v. . MannNew York Court of Appeals · 1865
- Smith v. BrinkerSupreme Court of Missouri · 1852
3Cited by7 opinions
- Edmonds v. MounseyIndiana Court of Appeals · 1896
- Weigle v. RogersMissouri Court of Appeals · 1919
- Estate v. GieslerMissouri Court of Appeals · 1898
- Bancroft v. VizardSupreme Court of Alabama · 1919
- Hynes v. EckerMissouri Court of Appeals · 1889
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