Benedict v. Jennings

There is nothing in this-record to support a recovery for use and occupation. The conventional relation of landlord and tenant did not obtain between the parties, and there is no evidence of any agreement, express or implied, between them.

The plaintiff originally leased the premises to certain persons who in turn assigned their lease in February, 1899, to a corporation, the Artificial Granite Company. On the last day of that month the granite company assigned to the defendant, not the lease,, but all its “ interest and title to all moneys on contract with the Manhattan Railway Company.” Under…