Meyer Bros.' Assignee v. Gaertner
Court of Appeals of Kentucky
Case 56 — LANDLORD AND TENANT — APPEAL FROM CHANCERY DIVISION, JEFFERSON CIRCUIT COURT. 1. An assignment of an unexpired term in a lease without the landlord’s consent even against an express provision in the lease against assigning over without such consent is voidable only and can be taken advantage of by the landlord only by his reentry and the declaring of a forfeiture.
Read the full summary
Case 56 — LANDLORD AND TENANT — APPEAL FROM CHANCERY DIVISION, JEFFERSON CIRCUIT COURT. 1. An assignment of an unexpired term in a lease without the landlord’s consent even against an express provision in the lease against assigning over without such consent is voidable only and can be taken advantage of by the landlord only by his reentry and the declaring of a forfeiture. Taylor Landlord & Tenant, vól. 2, sec. 492; Chautauqua Assembly v. Ailing, 46 Hun, 582; Ready v.- Amer. Brewing Co., 60 111. App., 50; Webster v. Ingalls, 104 111., 170; Shattuck v. Lovejoy, 8 Gray, 204; Sayles v. Kerr, 38…
1Opinion of the Court
JUDGE HOBSON
delivered the opinion op the court.
This case is before us upon an agreed statement of facts. In August, 1895, appellee, Gaertner, executed to one Rosenberg a written lease of a storehouse owned by him in Louisville, which was also signed by Rosenberg, for the term of two years from April 1, 1896. By the lease it was provided that the premises should not be underlet, or the term, in whole or in part, assigned, transferred, or set over, by the act of the lessee, by process or operation of law, or in any other manner, whatever, without the written consent of the lessor, but that the…
2Cited by7 opinions
- Wender Blue Gem Coal Co. v. Louisville Property Co.Court of Appeals of Kentucky · 1910
- Courtney v. Fidelity Trust Co.Court of Appeals for the Sixth Circuit · 1914
- Dieter v. ScottSupreme Court of Vermont · 1939
- Rice v. RiceCourt of Appeals of Kentucky (pre-1976) · 1932
- Alexander v. Theatre Realty CorporationCourt of Appeals of Kentucky (pre-1976) · 1934
2 more not listed; retrieve them via the Exa API.