Bancroft v. Vizard
Supreme Court of Alabama
Appeal from Circuit Court, Mobile County; Saffold Berney, Judge. Action by Catherine Bancroft against William Vizard. Judgment for defendant, and plaintiff appeals. The first and second counts are the common counts. The third count set up a contract wherein, for certain considerations, Catherine Bancroft leased for a certain term of years to the firm of Hieronymus Bros, a certain tract of land on the river front in Mobile and certain personal property situated thereon.
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Appeal from Circuit Court, Mobile County; Saffold Berney, Judge. Action by Catherine Bancroft against William Vizard. Judgment for defendant, and plaintiff appeals. The first and second counts are the common counts. The third count set up a contract wherein, for certain considerations, Catherine Bancroft leased for a certain term of years to the firm of Hieronymus Bros, a certain tract of land on the river front in Mobile and certain personal property situated thereon. Later, with the consent of the landlord, the firm of Hieronymus leased the premises to the J. W. Black Lumber Company, a…
1Opinion of the CourtSayre, J.
The controlling question in this case is whether appellee by his agreement in writing with William T. Hieronymus became an assignee or sublessee of an interest in the premises which appellant had in the first place let to the firm of Hieronymus Bros, for a term of years. We can do no better than to quote in this connection the language of the Supreme Judicial Court of Massachusetts in a case cited by appellee:
“To constitute an assignment of a leasehold interest, the assignee must take precisely the same estate in the whole or in a part of the .leased premises which his assignor had therein.…
2Cases cited8 opinions
- Locke v. HomerMassachusetts Supreme Judicial Court · 1881
- Davis v. VidalTexas Supreme Court · 1912
- Coburn v. GoodallCalifornia Supreme Court · 1887
- Kanawha-Gauley Coal & Coke Co. v. SharpWest Virginia Supreme Court · 1914
- Johnson v. ThompsonSupreme Court of Alabama · 1914
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Cesar v. VirginSupreme Court of Alabama · 1921
- Kendis v. CohnCalifornia Court of Appeal · 1928
- Johnson v. MoxleySupreme Court of Alabama · 1927
- Pan American Petroleum Corporation v. ParkerSupreme Court of Alabama · 1935