McKee v. Angelrodt
Supreme Court of Missouri
Jlp'pe.al from St. Louis Circuit Court. On the 19th day of April, 1849, McKee leased certain premises situated in St. Louis, to one Frederick Angelbeek, for a term of years. On the 18th day of April, 1851, Angelbeek assigned the lease in question to appellants, by way of mortgage, to secure appellants for certain advances by them made and thereafter to be made.
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Jlp'pe.al from St. Louis Circuit Court. On the 19th day of April, 1849, McKee leased certain premises situated in St. Louis, to one Frederick Angelbeek, for a term of years. On the 18th day of April, 1851, Angelbeek assigned the lease in question to appellants, by way of mortgage, to secure appellants for certain advances by them made and thereafter to be made. McKee brought his suit to recover the rent due by the terms of said lease, which rent accrued after the date of the assignment by way of mortgage above mentioned. The suit was brought against Angelbeek, the lessee, and the appellants…
1Opinion of the CourtRylaNd, Judge
1. It will be seen from the foregoing statement of the case, that the main question for the decision of this court is in regard to the liability of a person to whom a lease has been assigned by way of mortgage, for the payment of rent to the lessor, without such assignee ever having possession of the premises leased. This question is embarrassed by authorities being found on both sides of it, both in the affirmative and in the negative. In the case of Eaton v. Jaques, Douglas, 455, Lord Mansfield and Justices Willes, Ashhurst, and Buller, held, that the assignee of the lease by way of…
2Cases cited2 opinions
- M'Intyre & Bradford v. ScottNew York Supreme Court · 1811
- M'Murphy v. MinotSuperior Court of New Hampshire · 1827
3Cited by4 opinions
- Amco Trust, Inc. v. NaylorTexas Supreme Court · 1958
- Northwestern Mut. Life Ins. v. Security Savings & Trust Co.Court of Appeals for the Ninth Circuit · 1919
- Slane v. Polar Oil Co.Wyoming Supreme Court · 1935
- South Lakeview Plaza v. Citizens National Bank of Greater St. LouisMissouri Court of Appeals · 1985