Wineman v. Hughson
Appellate Court of Illinois
Appeal from the Circuit Court of Cook Cou-nty; the Hon. Riohabd S. Tttthill, Judge, presiding. Declaration in the words following: “ Belinda Hughson, plaintiff, by R. B. Bacon, her attorney, complains of Joseph Wineman and Leopold Wineman, doing business as J. & L. Wineman, of a plea of breach of covenant.
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Appeal from the Circuit Court of Cook Cou-nty; the Hon. Riohabd S. Tttthill, Judge, presiding. Declaration in the words following: “ Belinda Hughson, plaintiff, by R. B. Bacon, her attorney, complains of Joseph Wineman and Leopold Wineman, doing business as J. & L. Wineman, of a plea of breach of covenant. “ For that, whereas, on the 81st day of Hay, A. D. 1888, by a certain indenture or lease then and there made between one Reuel W. Bridge, of the one part, and the defendants, of the other part (the counterpart of which said indenture the plaintiff now brings here into court), the said Reuel…
1Opinion of the Court
Moran, <T.
Counsel for appellants urge here in support of their demurrer:
1st. That there is no allegation that defendants have attorned.
There was no need of such an allegation. A lessor may assign the rent to become due upon a lease without assigning the reversion. Crosby v. Loop, 15 Ill. 625. The assignment set out in the declaration amounts only to an assignment of the rent, but it was entirely sufficient and became operative for that purpose. Demarest v. Willard, 8 Cow. 206. The assignee of rent to come due may maintain an action therefor in his own name. Willard v. Tilman, 2 Hill, 274; Van…
2Cases cited4 opinions
- Demarest v. WillardNew York Supreme Court · 1828
- Scholefield v. EichelbergerSupreme Court of the United States · 1833
- Potter v. GronbeckIllinois Supreme Court · 1886
- Van Rensselaer v. . ReadNew York Court of Appeals · 1863
3Cited by4 opinions
- Galt v. CommissionerUnited States Tax Court · 1953
- Barnes v. Northern Trust Co.Appellate Court of Illinois · 1896
- Galt v. CommissionerUnited States Tax Court · 1953
- Hefling v. ZandtAppellate Court of Illinois · 1895