Negley v. Morgan
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. This was an action of debt by James B. Morgan against F. C. Negley for six months’ rent, falling due October 1st 1861, upon certain lots of ground used as coal and lime depots, in the city of Pittsburgh, which had been leased by said Morgan to Baldwin & Cheney, who, on the 20th of September 1859, assigned their interest as lessees to said F. C. Negley.
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Error to the District Court of Allegheny county. This was an action of debt by James B. Morgan against F. C. Negley for six months’ rent, falling due October 1st 1861, upon certain lots of ground used as coal and lime depots, in the city of Pittsburgh, which had been leased by said Morgan to Baldwin & Cheney, who, on the 20th of September 1859, assigned their interest as lessees to said F. C. Negley. By an agreement, dated August 31st 1853, the plaintiff leased to Baldwin & Cheney three lots of ground for a term of five years, from and after the 1st day of October 1853, at a yearly rent of…
1Opinion of the Court
The opinion of the court was delivered, November 5th 1863, by
Strong, J.
Undoubtedly an assignee of a term is liable only for such portion of the rent reserved as falls due during the continuance of his connection with the demised premises. He is liable at all, only by reason of privity estate, and therefore liable for no more than such breaches of the covenants running with the land as occur while the privity continues. Hence it is said his assignment of the term, even though to a pauper, terminates his liability for any subsequent breaches, for it breaks the privity of estate.
But to work such…
2Cited by12 opinions
- Washington N. Gas Co. v. JohnsonSupreme Court of Pennsylvania · 1889
- Fennell v. GuffeySupreme Court of Pennsylvania · 1891
- Goldberg v. NicolaSupreme Court of Pennsylvania · 1935
- MacDonald v. O'NeilSuperior Court of Pennsylvania · 1902
- Ottman, Trustees v. Albert Co.Supreme Court of Pennsylvania · 1937
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