Legal Opinion

Hasbrouck v. Stokes

New York Court of Common Pleas

Decided February 15, 1891PublishedCited by 2 opinions

Motion for interim injunction restraining prosecution of proceedings in "a district court to dispossess. Plaintiff is general assignee for the benefit of the creditors of the lessee. The assignee elected to accept the lease, and is in possession of the demised premises. Eor the rent accrued during his occupancy, he has tendered payment to the landlord, but it was rejected.

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Motion for interim injunction restraining prosecution of proceedings in "a district court to dispossess. Plaintiff is general assignee for the benefit of the creditors of the lessee. The assignee elected to accept the lease, and is in possession of the demised premises. Eor the rent accrued during his occupancy, he has tendered payment to the landlord, but it was rejected. His assignor, the lessee, being in default for rent due before the assignment, the landlord commenced a summary proceeding against the lessee and the assignee; and thereupon the assignee instituted this action to enjoin…

1Opinion of the CourtPryor, J.

Notwithstanding the• elaborate briefs of counsel, and the absence of authority on the point, I think the question thus presented is susceptible of easy solution by the application of familiar principles. Indisputably, the assignor lessee might be dispossessed for non-payment of rent. But an assignee for the benefit of creditors is merely the representative of the assignor (In re Lewis, 81 N. Y. 421;) and “the position of a voluntary assignee for the benefit of creditors is no better than that of his assignor,” (Coates v. Bank, 91 N. Y. 20-26; McMurray v. Hutcheson, 10 Daly, 64, 65.) It is…

2Cases cited4 opinions

  1. In Re the Assignment of LewisNew York Court of Appeals · 1880
  2. Coates v. . First National B'k of EmporiaNew York Court of Appeals · 1883
  3. Anderson v. HamiltonNew York Court of Common Pleas · 1890
  4. McMurray v. HutchesonNew York Court of Common Pleas · 1880

3Cited by2 opinions

  1. Durand & Co. v. Howard & Co.Court of Appeals for the Second Circuit · 1914
  2. Bailey v. CrowellNew York Court of Common Pleas · 1895

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