Walton v. Cronly's Administrator
New York Supreme Court
This was an action of covenant, tried at the New-York circuit in May, 1833, before the Hon. Ogden Edwards, one of the circuit judges. The suit was brought for the recovery of rent due upon a lease of certain premises, executed by the plaintiff to one Dillon, on the 16th December, 1835, for the term of twelve years subject to an annual rent.
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This was an action of covenant, tried at the New-York circuit in May, 1833, before the Hon. Ogden Edwards, one of the circuit judges. The suit was brought for the recovery of rent due upon a lease of certain premises, executed by the plaintiff to one Dillon, on the 16th December, 1835, for the term of twelve years subject to an annual rent. Dillon assigned the lease to Lewis Cronly, the intestate, on the 8th April, 1828, but remained in possession of the premises until the end of the term. Cronly never had possession. At the time of the death of Cronly, the sum of $2504//- was due for rent.…
1Opinion of the Court
By the Court,
Sutherland, J.
A lessee continues always liable upon the covenants contained in the lease, by virtue of the privity of contract, notwithstanding any assignment which he may make. His liability, in respect to covenants which run with the land, rests' both upon the privity of contract and of estate. Of the first he cannot divest himself by assignment. Covenant for rent, therefore, may always be maintained against the lessee or his representatives, although he may have assigned his term to the lessor, or his grantee may have accepted rent of the assignee. Woodfall, 346. Dougl. 460.…
2Cases cited3 opinions
- Slee v. President & Directors of the Manhattan Co.New York Court of Chancery · 1828
- Astor v. HoytCourt for the Trial of Impeachments and Correction of Errors · 1830
- Gilchrist v. CunninghamNew York Supreme Court · 1832
3Cited by36 opinions
- Sexton v. Chicago Storage Co.Illinois Supreme Court · 1889
- Vangilder v. HoffmanWest Virginia Supreme Court · 1883
- Glover v. PaynNew York Supreme Court · 1838
- Babcock v. WymanSupreme Court of the United States · 1857
- Johnson v. ShermanCalifornia Supreme Court · 1860
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