Pratt v. Levan
Pennsylvania Court of Common Pleas, Philadelphia County
THIS was an action brought by Henry Pratt against the defendants, in which a case was stated for the opinion of the court in the nature of a special verdict, in substance as follows : On the 4th of April 1821, Henry Pratt executed an indenture of lease to Eli Thomas and Jacob Leidy, in pursuance of which they entered on the demised premises, and were possessed thereof at the time of their assignment.
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THIS was an action brought by Henry Pratt against the defendants, in which a case was stated for the opinion of the court in the nature of a special verdict, in substance as follows : On the 4th of April 1821, Henry Pratt executed an indenture of lease to Eli Thomas and Jacob Leidy, in pursuance of which they entered on the demised premises, and were possessed thereof at the time of their assignment. The lease was from year to year, payable quarterly, and was not assignable without the consent of the lessor. On the 27th of May 182.3, Thomas and Leidy executed a general and voluntary…
1Opinion of the Court
The opinion of the court
(Barnes, President; Hallo well, J.; and Coxe, J.)
was delivered at September term 1827 by
Coxe, J.
The assignee of a whole term is subject to the covenants of the original lease. But before the defendants can be held responsible as assignees, it is necessary they should appear to have accepted the assignment expressly or by implication, as by entry in the demised premises by virtue of it, or by some other act showing they claimed the premises by virtue of the lease. These principles apply when the lease is specifically assigned ; and it is now clearly settled as law, that…
2Cited by7 opinions
- Journeay v. BrackleyNew York Court of Common Pleas · 1857
- Lewis v. BurrThe Superior Court of New York City · 1861
- Provident Life & Trust Co. v. Fidelity InsuranceSupreme Court of Pennsylvania · 1902
- Stockton v. Mechanics & Laborers Savings BankNew Jersey Court of Chancery · 1880
- Klein v. W. A. Gavenesch Co.New Jersey Court of Chancery · 1902
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