Moffat v. Strongs
The Superior Court of New York City
Appeal from a judgment in favor of the plaintiff, on a verdict recovered upon a trial before Mr. Justice Robertson and a Jury, on the 12th of April, 1861. The facts of the case are fully stated in the opinion of the Court.
1Opinion of the Court
By the Court—Woodruff, J.
The action is brought by the plaintiff as lessor of the lot and buildings known as Eo. 371, in Broadway, in the City of Eew York, against the defendant, as the assignee of the lease, to recover one quarter’s rent, accruing while the defendant is averred to have been in possession, to wit, on the 1st day of February, 1860, to the amount of $1,375.
The defendant, by his answer, admitted the lease to his assignor, (one Kirker,) the assignment to himself, his entry and possession of the premises, as assignee, but in trust for *61the payment of the debts of Kirker, who had…
2Cases cited11 opinions
- Jackson ex dem. Russell v. RowlandNew York Supreme Court · 1831
- Fitchburg Cotton Manufactory Corp. v. MelvenMassachusetts Supreme Judicial Court · 1818
- Lewis v. PaynNew York Supreme Court · 1830
- Evertsen v. SawyerNew York Supreme Court · 1829
- Simers v. SaltusNew York Supreme Court · 1846
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3Cited by3 opinions
- Messinger v. Union Warehouse Co.Oregon Supreme Court · 1902
- Rotter v. GoerltizNew York Court of Common Pleas · 1891
- Mattoon v. MunroeNew York Supreme Court · 1880