Carter v. Hammett
New York Supreme Court
Appeal by the plaintiffs from a judgment entered at a special term, upon the report of a referee. The action was brought for the recovery of rent.
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Appeal by the plaintiffs from a judgment entered at a special term, upon the report of a referee. The action was brought for the recovery of rent. From the pleadings and evidence the referee ascertained and reported the following facts : That the plaintiffs, by an instrument bearing date the 30th June, 1846, demised to Samuel C. Bishop and William F. Leonard, the second, third and fourth stories of the premises then known as 84 and 86 Pearl street, in the city of New-York, for a term of four years and eleven months from the 1st day of June 1846, at the yearly rent of eleven hundred dollars ;…
1Opinion of the Court
By the Court, Roosevelt, J.
This is an action for rent, brought, not against the original lessees, but against parties put into possession by them. The defendants allege that prior to the commencement of the quarter now sued for, they had transferred .their interest and possession to one Seeley. And the question is, did Seeley enter and occupy the premises as the defendant’s sub-tenant, to pay rent to them, or as the defendant’s assignee, to pay rent to the original landlords ?
*611Where a person goes into possession as an assignee of a lease, and holds himself out to the landlord as such, he is…
2Cases cited1 opinion
- Carter & Carter v. Hammett & BalchNew York Supreme Court · 1851
3Cited by14 opinions
- Mann v. . Munch BreweryNew York Court of Appeals · 1919
- Abbott v. BOB'S U-DRIVEOregon Supreme Court · 1960
- Edmonds v. MounseyIndiana Court of Appeals · 1896
- Durand v. . CurtisNew York Court of Appeals · 1874
- Kugler v. United StatesUnited States Court of Claims · 1868
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