Durand v. . Curtis
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of defendant, entered upon the report of a referee. This action was brought to charge defendant with certain installments of rent reserved in a lease from plaintiff of a store in the city of Rochester.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of defendant, entered upon the report of a referee. This action was brought to charge defendant with certain installments of rent reserved in a lease from plaintiff of a store in the city of Rochester. The referee found among other things: That on or about the 6th day of Júne, 1865, the plaintiff demised to Edward P. Gould, Charles F. Butts and Sarah E. King, composing the firm of E. P. Gould & Co., store 110 Buffalo street, in the city of Rochester, and the fixtures,…
1Opinion of the Court
Earl, C.
The defendant cannot be held liable for the rent claimed as assignee merely of the lease. If he became such assignee, he had assigned the term and transferred the possession of the premises long before this rent accrued; his liability as assignee continued only so long as the privity of estate continued; and when that ceased his liability ceased. (Jacques v. Short, 20 Barb., 269; Davis v. Morris, 36 N. Y., 569; Astor v. L'Amoreux, 4 Sandf., 524; Carter v. Hammett, 18 Barb., 608.)
He can, therefore, be made liable for this rent only upon the theory that he in some form assumed to pay…
2Cases cited3 opinions
- Davis v. . MorrisNew York Court of Appeals · 1867
- Carter v. HammettNew York Supreme Court · 1854
- Jacques v. ShortNew York Supreme Court · 1855
3Cited by22 opinions
- Mann v. . Munch BreweryNew York Court of Appeals · 1919
- Kottler v. New York Bargain House, Inc.New York Court of Appeals · 1926
- Frank v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1890
- Beckett-Iseman Oil Co. v. BackerCourt of Appeals of Kentucky · 1915
- Reigart v. Manufacturers Coal & Coke Co.Supreme Court of Missouri · 1909
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