Carter & Carter v. Hammett & Balch
New York Supreme Court
This was an appeal by the plaintiffs from a judgment entered upon the report of a referee. The complaint alledged that on the 30th day of June, 1846, the plaintiffs demised for the term of four years and eleven months, certain premises in .the city of New-York, known as the second, third and fourth stories of the stores numbers 84 and 86 Pearl-street, with free ingress and egress to and from the store by the front entrance and middle door, to Samuel 0. Bishop and William Gr.
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This was an appeal by the plaintiffs from a judgment entered upon the report of a referee. The complaint alledged that on the 30th day of June, 1846, the plaintiffs demised for the term of four years and eleven months, certain premises in .the city of New-York, known as the second, third and fourth stories of the stores numbers 84 and 86 Pearl-street, with free ingress and egress to and from the store by the front entrance and middle door, to Samuel 0. Bishop and William Gr. Leonard, for the rent or sum of eleven hundred dollars per annum, payable after the first, day of August, 1846,…
1Opinion of the Court
*262By the Court,
Mitchell J.
In Armstrong v. Wheeler, (9 Cowen, 88,) the defendant was sued for rent, as assignee of a lease. Parol proof was given that the defendant had bought the lease from the lessee, and that he had continued in possession or offered to sell the lease, and had rented out the property until the time when the rent was demanded. The supreme court held the defendant was liable as assignee. They said “ when the action is brought against the defendant as assignee of a term, and the issue is on the assignment, it will be enough for the plaintiff to give general evidence from which…
2Cited by19 opinions
- Frank v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1890
- Beckett-Iseman Oil Co. v. BackerCourt of Appeals of Kentucky · 1915
- Journeay v. BrackleyNew York Court of Common Pleas · 1857
- Frank v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1890
- Carter v. HammettNew York Supreme Court · 1854
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