Wells v. Porter
New York Supreme Court
This was an action of assumpsit, tried at the Warren circuit in June, 1829, before the Hon. Esbk Cowen, one of the circuit judges. The declaration contained the money counts only. The action was to recover back $100 paid by the plaintiff, to redeem a number of hogs belonging to him, kept by Cronkhite, one of the defendants, at a distillery, for the purpose of being fatted.
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This was an action of assumpsit, tried at the Warren circuit in June, 1829, before the Hon. Esbk Cowen, one of the circuit judges. The declaration contained the money counts only. The action was to recover back $100 paid by the plaintiff, to redeem a number of hogs belonging to him, kept by Cronkhite, one of the defendants, at a distillery, for the purpose of being fatted. The hogs were taken and sold as a distress for the rent of the premises occupied by the defendants, and bought in by the plaintiff. The defendants became the assignees of the demised premises, on the 19th July, 1824, but…
1Opinion of the Court
By the Court,
Savage, Ch. J.
I see no objection to the' plaintiff’s recovery. It is true, the assignees' were not personally bound to pay any rent before the assignment, but their property was bound; the rent was a lien, an incumbrance upon the property, and constituted a part of the consideration of their purchase from a previous assignee. The money was *121therefore paid for the use of the defendants. They were tenants in common of the property, chargeable with the payment of the rent, if they were not partners. It does not appear that Porter was concerned in the distillery, nor that he was…
2Cited by8 opinions
- Pache v. OppenheimAppellate Division of the Supreme Court of the State of New York · 1904
- Lahey v. BradyNew York Court of Common Pleas · 1865
- Hoadley v. DumoisThe Superior Court of New York City · 1895
- Francisco v. WrightIllinois Supreme Court · 1845
- Lane v. Romer ex rel. CunninghamWisconsin Supreme Court · 1850
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