Strong v. Dollner
The Superior Court of New York City
This was an action on the case for use and occupation of the premises No. 166 Front street, in the city of New York, for one quarter due May 1, 1847. The amount claimed was $250 The declaration contained three counts, one for use and occupation generally; the second claimed to recover by virtue of a lease of the premises from B. W. Strong to the defendants, for one year from May 1, 1846, at a rent of $1000, and an assignment of the lease from Strong to the plaintiff,…
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This was an action on the case for use and occupation of the premises No. 166 Front street, in the city of New York, for one quarter due May 1, 1847. The amount claimed was $250 The declaration contained three counts, one for use and occupation generally; the second claimed to recover by virtue of a lease of the premises from B. W. Strong to the defendants, for one year from May 1, 1846, at a rent of $1000, and an assignment of the lease from Strong to the plaintiff, executed October 13, 1846 ; the third, claiming it as the grantee of Benjamin W. Strong, by deed of the premises, bearing date…
1Opinion of the CourtBy the Court. Sandford, J.
The defendants attorned to the plaintiff, after the lessor conveyed to him, and he is clearly entitled to receive the rent which became due on the first of May, 1847, unless the defendants have shown that his title was divested before that day. It is claimed that this is shown by the foreclosure and the master’s deed. It is not supposed that the decree of foreclosure, or even the master’s sale, affected the legal title; and the master’s deed was not delivered, until the fifth day of May. Nor is this the whole difficulty in the defendant’s point. The decree, the sale, and the deed, all…
2Cases cited4 opinions
- Watson & Polhemus v. SpenceNew York Supreme Court · 1838
- Brown v. FrostNew York Court of Chancery · 1843
- Catlin v. Jackson ex dem. GratzCourt for the Trial of Impeachments and Correction of Errors · 1811
- Lathrop v. FergusonNew York Supreme Court · 1839
3Cited by1 opinion
- Ward v. DeweyNew York Supreme Court · 1852