Anderson v. Treadwell
New York Circuit Court
Debt for rent. This cause was tried at the New York Circuit, May 9,1845, and the jury found a verdict for the plaintiff for $253.36, subject to the opinion of the court.
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Debt for rent. This cause was tried at the New York Circuit, May 9,1845, and the jury found a verdict for the plaintiff for $253.36, subject to the opinion of the court. On the 9th of March, 1839, plaintiff leased to the defendants portions of the Shakspeare hotel, in New York, for five years from May 1, at a rent of $300. On the 17th of August, 1842, the plaintiff executed a general assignment, under a creditor’s bill, to Allen, the receiver, who received the rents of -the defendants up to February 1, 1843. On the 17th of July, 1843, the plaintiff made a specific assignment of the lease to…
1Opinion of the Court
The Circuit Judge:
There are three objections made to the plaintiff’s recovery. One growing out of the assignment to the receiver, one out of the assignment to Remsen, and one out of the foreclosure and sale under the mortgage.
The assignment to Remsen merely conveys the rents, while the assignment to the receiver conveys the reversion, as well as the rents.
As to the assignment to the receiver, that is to be regarded as a mortgage, and was satisfied before the rent became due which is in controversy in this suit. It was an assignment of so much of Anderson’s property as would be sufficient to…
2Cases cited2 opinions
- Evertsen v. SawyerNew York Supreme Court · 1829
- Harbeck v. SylvesterNew York Supreme Court · 1835