Jermain v. Pattison
New York Supreme Court
THIS is an appeal from a judgment entered upon the decision of a justice of this court, before whom the action was tried without a jury at the Albany circuit, April, 1857. The action was brought to recover rent due upon a lease, and judgment was entered in favor of the plaintiff for $4Í0Í.8Ó damages and costs.
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THIS is an appeal from a judgment entered upon the decision of a justice of this court, before whom the action was tried without a jury at the Albany circuit, April, 1857. The action was brought to recover rent due upon a lease, and judgment was entered in favor of the plaintiff for $4Í0Í.8Ó damages and costs. The Manufacturers and Farmers’ Bank of the city of Albany, on the 2d day of March, 1844, leased to James H. Hooker certain premises situated in Whitehall,in the county of Washington, for the term of five years, at the annual rent of $2000, with a privilege to the lessee that the said…
1Opinion of the CourtIngalls, J.
In considering this appeal we must regard the evidence offered as though it were in the case; The question then presented is, whether the evidence offered should have been received—and that mainly depends upon the legal proposition whether, under the circumstances, the defendants rendered themselves personally liable for the rent secured by the lease in consequence of leasing the said premises to Bascom and his partners. All the interest which the' defendants acquired in the premises was derived from the assignment, *12and they occupied the attitude of trustees. After an ineffectual attempt to…
2Cases cited3 opinions
- Martin v. BlackNew York Court of Chancery · 1842
- Journeay v. BrackleyNew York Court of Common Pleas · 1857
- In re GallowayNew York Supreme Court · 1839
3Cited by6 opinions
- Sachs v. American Surety Co.Appellate Division of the Supreme Court of the State of New York · 1902
- In Re GirardUnited States Bankruptcy Court, D. Vermont · 1989
- Forepaugh v. WestfallSupreme Court of Minnesota · 1894
- Mead v. MaddenAppellate Division of the Supreme Court of the State of New York · 1903
- Smith v. WagnerNew York Court of Common Pleas · 1894
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