Smith v. Ingram
Supreme Court of Alabama
Appeal from the City Court of Anniston. Tried, before the Hon. B. E. Cassady. This action was brought by Jere. Smith andR.
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Appeal from the City Court of Anniston. Tried, before the Hon. B. E. Cassady. This action was brought by Jere. Smith andR. N. Warnock, against R. N. Ingram, to recover rent for two months of a store-house in Anniston; and was commenced on the 1st February, 1890. The plaintiffs had rented the store-house to T. M. Henderson, for a term commencing September 1st, 1889, and ending, as they claimed, on the 1st September, 1890, at the monthly rent of $35.00; and they sought to hold the defendant liable, as the assignee of the term, for the rent of the months of December, 1889, and January following.…
1Opinion of the CourtClopton, J.
Appellants seek by the action to recover the rent of a store-room in the city of Anniston, for the months of December, 1889, and January, 1890. The grounds on which their right of recovery is based are, that they leased the store to T. M. Henderson, for a definite term, at thirty-five dollars a month, payable monthly, and that before the expiration of the term Henderson made a general assignment of his property, including the lease, to defendant, who entered into possession, and occupied the store for the purpose of selling the goods, furniture and effects so assigned to him.
*531The first issue…
2Cases cited3 opinions
- Dorrance v. JonesSupreme Court of Alabama · 1855
- Lewis v. BurrThe Superior Court of New York City · 1861
- Welsh v. SchuylerNew York Court of Common Pleas · 1876
3Cited by9 opinions
- Smith v. JonesSupreme Court of Georgia · 1937
- McGowin Lumber & Export Co. v. R. J. & B. F. Camp Lumber Co.Supreme Court of Alabama · 1915
- Citizens Savings & Trust Co. v. RogersWisconsin Supreme Court · 1916
- Rainault v. EvartsMassachusetts Supreme Judicial Court · 1937
- Louisville & Nashville Railroad v. WalkerSupreme Court of Alabama · 1900
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