Peck v. Northrop
Supreme Court of Connecticut
This was an action of assumpsit for the use and occupation of a certain piece of land in Brookfield in tins state, and a store standing thereon. The defendants pleaded, 1st, the general issue ; and 2ndiy, a set-off", with claim to a balance of 100 dollars, the plaintiff being insolvent and residing in the republic of Texas. The issues, by agreement, were joined to the court.
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This was an action of assumpsit for the use and occupation of a certain piece of land in Brookfield in tins state, and a store standing thereon. The defendants pleaded, 1st, the general issue ; and 2ndiy, a set-off", with claim to a balance of 100 dollars, the plaintiff being insolvent and residing in the republic of Texas. The issues, by agreement, were joined to the court. The accounts between the parties were referred to auditors, who reported a balance on book in favour of the defendants of 119 dollars, 18 cents. The defendants remitted all their demand exceeding 100 dollars ; and the…
1Opinion of the CourtChurch, J.
This is an action of assumpsit, to recover the arrears of rent for the use and occupation of leased premises, as stipulated in the lease, to be paid. The defendants do not deny the lease, nor the use and occupation under it; but they say, that before any rent became due, the present plaintiff, who was the lessor, sold and assigned the estate leased to another, by a quit-claim deed, duly executed and recorded» together with the reserved rents.
*220This presents the question, to whom is the rent pay able* -which became due after the assignment, and in whom is the legal right to sue for and recover…
2Cited by9 opinions
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- Mussey v. HoltSuperior Court of New Hampshire · 1851
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