Babcock v. Scoville
Illinois Supreme Court
Writ of Error to the Superior Court of Chicago; the Hon. Joseph E. Cart, Judge, presiding. This was an action of covenant, brought by Scoville against Franklin L. Babcock, Rudolphus Babcock and Daniel L. Boone, to recover rent alleged to be due to the plaintiff, from the defendants jointly, as assignees of the lessee of certain premises.
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Writ of Error to the Superior Court of Chicago; the Hon. Joseph E. Cart, Judge, presiding. This was an action of covenant, brought by Scoville against Franklin L. Babcock, Rudolphus Babcock and Daniel L. Boone, to recover rent alleged to be due to the plaintiff, from the defendants jointly, as assignees of the lessee of certain premises. It appears the defendants held the entire interest of the original lessee, not as joint purchasers, but by separate deeds of assignment, each of them an undivided one-third interest. The court below held the defendants jointly liable, and judgment was entered…
1Opinion of the CourtJustice Sheldon
Two questions arise on this record:
1st. Does the absolute assignee of a lease become liable for the rent to the lessor before entry into possession ?
2d. Is the assignee, by a separate deed, of an undivided interest in a term of years, jointly liable with all the other assignees of the remaining undivided interests in such term, to pay the whole rent to the landlord, none of the assignees having taken actual possession of the premises ?
In support of the negative of the first proposition, whieh is maintained by the plaintiffs in error, one, and only one, authority, has been adduced, that of…
2Cases cited6 opinions
- Astor v. MillerNew York Court of Chancery · 1830
- Walton v. Cronly's AdministratorNew York Supreme Court · 1835
- Van Rensselaer v. BradleyNew York Supreme Court · 1846
- Van Rensselaer's Executors v. GallupNew York Supreme Court · 1848
- Calvert v. BradleySupreme Court of the United States · 1854
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Edmonds v. MounseyIndiana Court of Appeals · 1896
- Hogg v. ReynoldsNebraska Supreme Court · 1901
- Towle v. MorrellNebraska Supreme Court · 1935
- Tate v. NearyAppellate Division of the Supreme Court of the State of New York · 1900
- Chicago Attachment Co. v. Davis Sewing Machine Co.Appellate Court of Illinois · 1889
5 more not listed; retrieve them via the Exa API.