Clason v. Corley
The Superior Court of New York City
This was an action on a case submitted by the parties, embracing the following facts : F. Kain being seized of the corner of Greenwich and Reade streets mortgaged it, and died. He left a widow, brother, and brother’s children. The plaintiff bought the interest of the brother in 1844. The owners hired it to the defendant from May, 1847, to May, 1848, at $550 per annum. The defendant paid up to February, but refused to pay the May quarter, for the following reasons.
Read the full summary
This was an action on a case submitted by the parties, embracing the following facts : F. Kain being seized of the corner of Greenwich and Reade streets mortgaged it, and died. He left a widow, brother, and brother’s children. The plaintiff bought the interest of the brother in 1844. The owners hired it to the defendant from May, 1847, to May, 1848, at $550 per annum. The defendant paid up to February, but refused to pay the May quarter, for the following reasons. The above mentioned mortgage was foreclosed and the usual decree of sale (to which the owners were parties, and to which the…
1Opinion of the Court
By the Court.
Sandford, J.
Although the tenant became the purchaser of the premises, at the sheriff’s sale, the question of right, between him and his landlord, is the same as if a stranger had purchased the premises, and the tenant, having attorned to him, had set up his title against the landlord’s demand of the rent.
There was, certainly, no eviction, either actual or constructive, till after the quarter’s rent became due. (See Giles v. Comstock, 4 Comst. 275; Astor v. Turner, 11 Paige, 436.) The case, therefore, turns on the point, whether the purchaser, before *451the rent fell due, had…
2Cases cited3 opinions
- Brown v. FrostNew York Court of Chancery · 1843
- Astor v. TurnerNew York Court of Chancery · 1845
- Lathrop v. FergusonNew York Supreme Court · 1839
3Cited by12 opinions
- Beal v. Attleborough Savings BankMassachusetts Supreme Judicial Court · 1924
- Mason v. LenderothAppellate Division of the Supreme Court of the State of New York · 1903
- Mitchell v. BartlettNew York Supreme Court · 1868
- Cowen v. ArnoldNew York Supreme Court · 1890
- Farrell v. NoelAppellate Division of the Supreme Court of the State of New York · 1897
7 more not listed; retrieve them via the Exa API.