Armstrong v. Wheeler
New York Supreme Court
Error from the Dutchess common pleas. The plaintiff helow, Armstrong, declared in the court below in covenant ^or rent agaiñst the defendant there, Wheeler, as assignee of Jacob Loop, to whom the plaintiff below had leased certain premises, reserving an annual rent of ten dollars.
Read the full summary
Error from the Dutchess common pleas. The plaintiff helow, Armstrong, declared in the court below in covenant ^or rent agaiñst the defendant there, Wheeler, as assignee of Jacob Loop, to whom the plaintiff below had leased certain premises, reserving an annual rent of ten dollars. The defendant below pleaded that he was not assignee of Loop ; r ° r on which fact the plaintiff below took issue.. the trial, the plaintiff below.proved the lease, to Loop in 1812; and that in 1815, ’16 or ’17, the defendant purchased the lot from Loop for a one horse waggon, and had *been in possession ever since,…
1Opinion of the Court
Curia, per Savage, Ch. J.
There is no question arising upon the pleadings. The declaration charges, in the usual form, that after the making of the lease, all the estate, interest and claim of the lessee, by assignment, came to and vested in the defendant. This fact is denied in the plea, and issue is taken upon it; and whether the evidence supports this allegation, is the only question.
Where the action is brought against the defendant, as assignee of a term, and the issue is on the assignment, it will be enough for the plaintiff to give .general evidence, from which an assignment may be…
2Cases cited2 opinions
- Van Rensselaer v. BradleyNew York Supreme Court · 1846
- Van Rensselaer's Executors v. GallupNew York Supreme Court · 1848
3Cited by14 opinions
- Frank v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1890
- Prettyman v. WalstonIllinois Supreme Court · 1864
- Frank v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1890
- Comley v. FordWest Virginia Supreme Court · 1909
- Day v. GreenebaumNew York Supreme Court · 1894
9 more not listed; retrieve them via the Exa API.