Cohen v. Todd
Supreme Court of Minnesota
Action in the municipal court of Minneapolis to recover $155. The case was tried before Bardwell, J., who when plaintiff rested denied defendants’ motion to dismiss the action and made findings and ordered judgment dismissing the action as to defendants Todd. Plaintiff’s motion to amend the findings was denied. Prom the judgment entered pursuant to the order for judgment, plaintiff appealed.
1Opinion of the CourtHallam, J.
1. This is an action to recover from an assignee of a lease rent which accrued after he had made a reassignment and delivered up *228possession to a second assignee. The action cannot be maintained. The assignment to defendant was a naked assignment. Neither by the terms of the assignment, nor in any other manner, did defendant assume any contract obligation to pay rent. As long as he held the property under his assignment the law required him to pay rent according to the terms of the lease. But when he again assigned the term and delivered up possession to a second assignee, his liability for…
2Cases cited14 opinions
- Washington N. Gas Co. v. JohnsonSupreme Court of Pennsylvania · 1889
- Murray v. . HarwayNew York Court of Appeals · 1874
- Randol v. TatumCalifornia Supreme Court · 1893
- Johnson v. ShermanCalifornia Supreme Court · 1860
- Adams v. ShirkCourt of Appeals for the Seventh Circuit · 1902
9 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Marathon Oil Co. v. RoneCourt of Appeals of Texas · 1935
- Johnson v. MoxleySupreme Court of Alabama · 1927
- McLaughlin v. Minnesota Loan & Trust Co.Supreme Court of Minnesota · 1934
- O'Neil v. A. F. Oys & Sons, Inc.Supreme Court of Minnesota · 1944
- Keeley v. BeenblossomSupreme Court of Iowa · 1918
15 more not listed; retrieve them via the Exa API.