Ryerss v. Farwell
New York Supreme Court
Assumpsit for use and occupation. Plea, non-assumpsit and bankrupt discharge. On the 4th of May, 1839, the plaintiff, by writing under seal, leased to Marcus M. Wheelock the premises in question, being a tavern stand and about twelve acres of land in Campbell Town, Steuben county, for five years from May 1, 1839, at a rent of §80 a year, payable semi-annually in advance.
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Assumpsit for use and occupation. Plea, non-assumpsit and bankrupt discharge. On the 4th of May, 1839, the plaintiff, by writing under seal, leased to Marcus M. Wheelock the premises in question, being a tavern stand and about twelve acres of land in Campbell Town, Steuben county, for five years from May 1, 1839, at a rent of §80 a year, payable semi-annually in advance. On the 21st of March, 1840, Wheelock assigned the lease to the defendant for four years from May 1,1840, the plaintiff having previously, by indorsement on the lease, dated March 13, 1840, consented to the assignment. The…
1Opinion of the Court
By the Court, Welles, J.
I agree with the justice before whom the cause was tried, that after the whole title and interest of the defendant in the demised premises had passed to and vested in the assignee in bankruptcy, the defendant did not hold, use or occupy the premises by virtue of his title as assignee of the lessee under the lease, and therefore he is liable to the landlord for the use and occupation, in an action of assumpsit. It is urged that the proof in the case shows that he did so hold under the lease, as assignee thereof. The defendant, who was a witness on the trial, testified…
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