Stover v. Chasse
New York Court of Common Pleas
Appeal by the landlord from a final order of the district court of the city of New York for the first judicial district, made upon a trial had before a justice thereof, without a jury, in summary proceedings for the recovery of possession of real property because of the nc n-payment of rent.
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Appeal by the landlord from a final order of the district court of the city of New York for the first judicial district, made upon a trial had before a justice thereof, without a jury, in summary proceedings for the recovery of possession of real property because of the nc n-payment of rent. In February, 1891, James S. Wilson and Edwin B. Wilson, then being the landlords of the leasehold premises known as No. 55 Yesey street in this city, by an instrument in writing leased to one Raphael Ghasse, the respondent herein, as tenant, the front basement of said premises for the term of two years…
1Opinion of the CourtG-ieg-erich, J.
The sole question presented for solution by this appeal is, whether the instrument made by Mrs. Schultheis to the appellant operated as an assignment of the entire estate of the former in the Chasse lease, or as a sub-lease. “ An assignment, as applied to leasehold interests, is properly defined to be a transfer or making over to another of the right one has in the unexpired residue of a term or estate for years. Though the interest be future, as a term of years to commence in futuro, the transfer is valid, because the interest is vested in presentí, though it does not take effect till a…
2Cases cited4 opinions
- Stewart v. . Long Island R.R. Co.New York Court of Appeals · 1886
- Woodhull v. . RosenthalNew York Court of Appeals · 1875
- Collins v. . HasbrouckNew York Court of Appeals · 1874
- Kelly v. SmithNew York Court of Common Pleas · 1891