Prescott v. De Forest
New York Supreme Court
IN ERROR, on certiorari to a Justice’s Court. This was an action of trover, brought in the Court below, 0 . by the plaintiff in error, against the defendant in error, r . , „ . D r The material facts in the case are as follows : on the 1st oi February, 1817, Stewart leased a house in Pearl Street, in the city of Mew- York, to Samuel Satterlee, for one year, from the 1st of May, 1817 ; Satterlee then leased part of the house, retaining the front part as a store, to the…
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IN ERROR, on certiorari to a Justice’s Court. This was an action of trover, brought in the Court below, 0 . by the plaintiff in error, against the defendant in error, r . , „ . D r The material facts in the case are as follows : on the 1st oi February, 1817, Stewart leased a house in Pearl Street, in the city of Mew- York, to Samuel Satterlee, for one year, from the 1st of May, 1817 ; Satterlee then leased part of the house, retaining the front part as a store, to the plaintiff, for the annual rent of 1,000 dollars, payable quarterly, for the same term at which he had taken it. On the 1st of…
1Opinion of the CourtPlatt, J.
The lease from Satterlee to the plaintiff, for a part of the house, for the whole term, must be deemed an assignment, and not *160an underletting. There was no privity of estate between the plaintiff and Satterlee, but a privity of contract merely.
The plaintiff did not hold as tenant to Satterlee, but as tenant *° Stewart, the original lessor and reversioner. The right of distress is incident to, and inseparable from the reversion 5 under such an assignment of the whole term, Stewart had a right to distrain on the assignee, and a double right of distress cannot exist in Satterlee, and in Stewart,…
2Cited by7 opinions
- Stewart v. . Long Island R.R. Co.New York Court of Appeals · 1886
- Sexton v. Chicago Storage Co.Illinois Supreme Court · 1889
- Craig v. SummersSupreme Court of Minnesota · 1891
- New Amsterdam Casualty Co. v. National Union Fire Insurance Co. of PittsburghNew York Court of Appeals · 1935
- Douglas Properties, Inc. v. CommissionerUnited States Board of Tax Appeals · 1930
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