Legal Opinion

McKeon v. Whitney

Court for the Trial of Impeachments and Correction of Errors

Decided December 15, 1846PublishedCited by 13 opinions

On error from the supreme court. Whitney sued Hugh Mc-Keon in the court below in debt. The first count of the deck' ration set out a lease under seal of a lot of ground for a term of years from the plaintiff to James Eoss and Edward McCormick, reserving rent, and alleged, in the usual form, that the estate of the lessees had come to and vested in the defendant and. that rent had subsequently accrued. There were also counts for use and occupation. Plea, nil debet.

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On error from the supreme court. Whitney sued Hugh Mc-Keon in the court below in debt. The first count of the deck' ration set out a lease under seal of a lot of ground for a term of years from the plaintiff to James Eoss and Edward McCormick, reserving rent, and alleged, in the usual form, that the estate of the lessees had come to and vested in the defendant and. that rent had subsequently accrued. There were also counts for use and occupation. Plea, nil debet. On the trial the plaintiff proved the lease declared on, and gave evidence of possession by the defendant and of various acts of…

1Opinion of the Court

Lott, Senator.

[After stating the facts and examining the evidence to show that the defendant had been proved to be the assignee of the lessees in both leases.] The defendant having thus been shown to be an assignee, was liable to the plaintiff in an action of debt for the rent which accrued on the lease specified in the first count, during the time he remained possessed of the term thereby demised. Kent, in his commentaries, says: “ The assignee of the lessee is liable to the assignee of the lessor in an action of debt for the time he holds—for though there is no privity of contract, there is…

2Cited by13 opinions

  1. Johnson v. . OppenheimNew York Court of Appeals · 1873
  2. Hayes v. City of NashvilleCourt of Appeals for the Sixth Circuit · 1897
  3. Journeay v. BrackleyNew York Court of Common Pleas · 1857
  4. Riglander v. Nile Tobacco WorksAppellate Terms of the Supreme Court of New York · 1897
  5. Berg v. KaiserAppellate Division of the Supreme Court of the State of New York · 1910

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