McFarlan v. . Watson
New York Court of Appeals
McFarlan sued Watson in the superior court of the city of New-York, and declared in assumpsit for use and occupation. On the trial before Oakley, C. J. in April, 1848, it was proved that the plaintiff owned a house at New Brighton, Staten Island, which the defendant occupied from May 1, 1846, to May 1, 1847. The rent for the first three quarters of that year, was paid by the defendant, to Richard Oakley, who gave receipts as follows: “ New-York, August 5, 1846. Received from…
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McFarlan sued Watson in the superior court of the city of New-York, and declared in assumpsit for use and occupation. On the trial before Oakley, C. J. in April, 1848, it was proved that the plaintiff owned a house at New Brighton, Staten Island, which the defendant occupied from May 1, 1846, to May 1, 1847. The rent for the first three quarters of that year, was paid by the defendant, to Richard Oakley, who gave receipts as follows: “ New-York, August 5, 1846. Received from Mr. William Watson, seventy-five dollars, bn account of rent of cottage occupied by him at New Brighton, rented by H.…
1Opinion of the CourtRuggles, J.
Between the lessor and the under tenant of the original lessee, there is neither privity of estate nor privity of contract; the lessor therefore can not sue the under tenant upon the lessee’s covenant to pay rent. In the present case, the lease by the plaintiff? to Elliott was not by deed; but the defendant entered under Elliott, and it was necessary for the plaintiff on the trial to show some privity of contract between himself and the defendant, that is to say; some promise by the defendant, express or implied, to pay the rent to the plaintiff. The action for the use and occupation of the…
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