Dorrance v. Jones
Supreme Court of Alabama
Appeal from, the City Court of Mobile. Tried before the Hon. Alex. McKiNstex. This suit was brought by Wm. Jones, jr., against Charles "W. Dorrance, to recover rent accruing on a demise by plaintiff to one Kenneth King of a certain storehouse in Mobile.
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Appeal from, the City Court of Mobile. Tried before the Hon. Alex. McKiNstex. This suit was brought by Wm. Jones, jr., against Charles "W. Dorrance, to recover rent accruing on a demise by plaintiff to one Kenneth King of a certain storehouse in Mobile. The complaint alleges the lease to King for the term of ono year from the 1st day of November, 1853, at the rent of $'700, payable in four quarterly installments, for which said King executed his four promissory notes ; that in February, 1854, said King assigned to the defendant the residue of the term then unexpired, and the defendant then…
1Opinion of the CourtG-Oldthwaite, J.
The assignment in this case was a general one for the benefit of creditors, and conveyed to the assignee “ all the property whatsoever” of the assignor. It was accepted by the assignee ; and although, under these circumstances merely, he may not have been bound as the as-signee of the lease, he was certainly so bound, if he elected to accept the interest of the assignor, and to enter under it.— Carter v. Hammett, 12 Barb. 253 ; Bourdillon v. Dalton, 1 Esp. Cas. 283; Copeland v. Stephens, 1 B. & Ald. 593. Conceding that the acceptance of the assignment would not be sufficient, the only…
2Cases cited1 opinion
- Carter & Carter v. Hammett & BalchNew York Supreme Court · 1851
3Cited by9 opinions
- Smith v. IngramSupreme Court of Alabama · 1890
- Rainault v. EvartsMassachusetts Supreme Judicial Court · 1937
- Ayen v. SchmidtAppellate Terms of the Supreme Court of New York · 1913
- Horwitz v. DavisCourt of Appeals of Maryland · 1860
- W. C. Hines Co. v. AngellSupreme Court of Minnesota · 1933
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