Journeay v. Brackley
New York Court of Common Pleas
Appeal by plaintiffs from a j udgment of the Marine Court at general term. This was an action for rent. The plaintiffs, in January, 1854, executed to tbe firm of Thompson & Eoesler a lease of tbe store No. 14 Maiden Lane, for two years and two months, from the first of March, 1854. The rent was $7,500 per annum, and was payable on the first days of May, August, November, and February, in eacb year.
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Appeal by plaintiffs from a j udgment of the Marine Court at general term. This was an action for rent. The plaintiffs, in January, 1854, executed to tbe firm of Thompson & Eoesler a lease of tbe store No. 14 Maiden Lane, for two years and two months, from the first of March, 1854. The rent was $7,500 per annum, and was payable on the first days of May, August, November, and February, in eacb year. By tbe terms of the lease, Thompson & Eoesler were at liberty to relet the premises without the consent of the lessors. It was also provided, that if the premises, or any part of them, should…
1Opinion of the CourtDaly, J.
The law, in respect to the liability of the assignee of a lessee for rent reserved by tbe lease, is well settled. Where *451a lease of land is made upon any condition, such as the payment of rent, the condition is annexed to the land, and goes with it, and the assignee of the lessee, if he accepts the assignment, takes the estate subject to the condition, and is liable for the payment of the rent, as long as he continues assignee. Thus, it is said, in Walker’s case (3 Coke, 226, b), “ if the lessee grant over all his interest, the lessor may have an action of debt against the as-signee, with whom…
2Cases cited7 opinions
- Williams v. WoodardNew York Supreme Court · 1829
- Martin v. BlackNew York Court of Chancery · 1842
- Carter & Carter v. Hammett & BalchNew York Supreme Court · 1851
- McKeon v. WhitneyCourt for the Trial of Impeachments and Correction of Errors · 1846
- Graves v. PorterNew York Supreme Court · 1852
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3Cited by22 opinions
- Matter of Application of OtisNew York Court of Appeals · 1886
- Walton v. StaffordAppellate Division of the Supreme Court of the State of New York · 1897
- Paddell v. JanesNew York Supreme Court · 1914
- Welsh v. SchuylerNew York Court of Common Pleas · 1876
- Jermain v. PattisonNew York Supreme Court · 1865
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