La Société St. Jean Baptiste, Inc. v. Owen
Supreme Court of New Hampshire
Covenant, for rent upon a lease of real estate by the plaintiff’s grantor to the defendant Owen who subsequently assigned the lease with the written consent of the lessor to the defendants Gallagher and Huntley. The lessor received rent from the assignees while they were in possession.
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Covenant, for rent upon a lease of real estate by the plaintiff’s grantor to the defendant Owen who subsequently assigned the lease with the written consent of the lessor to the defendants Gallagher and Huntley. The lessor received rent from the assignees while they were in possession. If the defendants, or any of. them, are liable for the unpaid rent, the order of the superior court is that there shall be judgment for $344.70. Transferred by Marble, J., from the May term, 1919, of the superior court.
1Opinion of the CourtWalker, J.
The question is whether from the facts reported it follows as a matter of law that either Owen, or Gallagher and Huntley, is liable. No question is raised as to the sufficiency of the evidence to support a verdict against them, and the sole contention on the part of the plaintiff is that the assignment of the lease by the lessee with the written assent of the lessor and his subsequent receipt of the rent from the assignees who were in possession did not in law amount to a release of the lessee from his covenant to pay the stipu-' lated rent. This claim is controverted by the lessee who…
2Cases cited4 opinions
- Grommes v. St. Paul Trust Co.Illinois Supreme Court · 1893
- Rees v. LowySupreme Court of Minnesota · 1894
- Golding v. BrennanMassachusetts Supreme Judicial Court · 1903
- Shaw v. PartridgeSupreme Court of Vermont · 1845
3Cited by2 opinions
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- Maybury Shoe Co. v. Rochester Factory Holding Co.Supreme Court of New Hampshire · 1936