Stewart v. . Long Island R.R. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made February 12, 1884, which affirmed a judgment in-favor of plaintiff, entered upon an order dismissing the complaint on trial. This action was brought by plaintiff, as devisee of Alexander T. Stewart, against defendant, whom plaintiff alleged was assignee of a lease made by said Stewart in his life-time, to recover rent due.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made February 12, 1884, which affirmed a judgment in-favor of plaintiff, entered upon an order dismissing the complaint on trial. This action was brought by plaintiff, as devisee of Alexander T. Stewart, against defendant, whom plaintiff alleged was assignee of a lease made by said Stewart in his life-time, to recover rent due. The material facts are stated in the dissenting opinion. Where a lessee transfers his entire term, the transfer constitutes an assignment between the…
1Opinion of the CourtRapallo, J.
The only question in this case is whether the defendant, by entering into the contract of May, 1876, with the Flushing, Rorth Shore and Central Railroad Company, came into such a relation with the original lessor of the railroad in question, represented by the plaintiff, as to subject it to liability directly to her for the rent reserved by the original lease of January, 1873, from her devisor, Alexander T. Stewart, to the Central Railroad Company of Long Island. The facts are so fully stated in the opinion of my learned brother, Finch, J., that it is not necessary to repeat them in detail.
Tha…
2Cases cited12 opinions
- Bedford v. . TerhuneNew York Court of Appeals · 1864
- Piggot v. MasonNew York Court of Chancery · 1829
- Collins v. . HasbrouckNew York Court of Appeals · 1874
- Post v. . KearneyNew York Court of Appeals · 1849
- Bostwick v. . FrankfieldNew York Court of Appeals · 1878
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