Porter v. Bleiler
New York Supreme Court
Appeal from a judgment of the recorder’s court of the city of Buffalo. The action was commenced in June, 1847, and was for use and occupation, &c. It appeared upon the trial, that in April, 1843, a' lease was made to one Hays, by James j. Baldwin, as agent of Peter B. Porter, of a store, &c. in Buffalo. Baldwin had no authority in writing from Porter to make the lease. The demise was for five years, upon certain rents reserved.
Read the full summary
Appeal from a judgment of the recorder’s court of the city of Buffalo. The action was commenced in June, 1847, and was for use and occupation, &c. It appeared upon the trial, that in April, 1843, a' lease was made to one Hays, by James j. Baldwin, as agent of Peter B. Porter, of a store, &c. in Buffalo. Baldwin had no authority in writing from Porter to make the lease. The demise was for five years, upon certain rents reserved. Hays entered into possession, and afterwards, in 1843, Peter B. Porter died, having, by his last will, devised all his teal estate in Buffalo, including the premises…
1Opinion of the Court
By the Court, Marvin, J.
The counsel for the defendant insists that the guardian of Porter, the infant, was the proper party in the action to recover the rents and profits of the real estate of the infant. At common law, upon the death of' the tenant in socage, his heir being within the age of 14, the next of kin to whom the inheritance could not descend, became the guardian of the body and the lands of the heir, until he arrived at the age of 14. He is called guardian in socage and also guar-: dian by the common law. (Bac. Abr. title Guardian, A. 1 Bl. Com. 361. 2 Kent’s Com. 221, 2.) This…
2Cases cited12 opinions
- Bool v. MixNew York Supreme Court · 1837
- Eagle Fire Co. v. LentNew York Court of Chancery · 1837
- Fonda v. Van HorneNew York Supreme Court · 1836
- Jackson v. BradtNew York Supreme Court · 1804
- Austin v. HallNew York Supreme Court · 1816
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Coudert v. . CohnNew York Court of Appeals · 1890
- Hoover, Rhodes & Co. v. Pacific Oil Co.Missouri Court of Appeals · 1890
- Carman v. Fox, New York County Courts1914
- Bull v. DagenhardMississippi Supreme Court · 1878
- Kernochan v. WilkensAppellate Division of the Supreme Court of the State of New York · 1896
8 more not listed; retrieve them via the Exa API.