Myers v. Hunt
City of New York Municipal Court
The plaintiff on February 20, 1885, leased to Evans & Darling, the premises No. 6 Bond street, for five years from May 1, 1885, at the yearly rent of $4,000, payable quarterly. On the 7th of August,'‘ 1885, Evans & Darling made a general assignment for the benefit of their creditors, in which the defendant was named as assignee.
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The plaintiff on February 20, 1885, leased to Evans & Darling, the premises No. 6 Bond street, for five years from May 1, 1885, at the yearly rent of $4,000, payable quarterly. On the 7th of August,'‘ 1885, Evans & Darling made a general assignment for the benefit of their creditors, in which the defendant was named as assignee. The plaintiff was made a preferred creditor for the quarter’s rent due August 1, 1885. The defendant took possession of the premises upon accepting his trust, and continued in possession until November 22, 1885, a period of three and one-half months., He put his sign…
1Opinion of the CourtMcAdam, C. J.
The only question on which the defendant asked to go to the jury, was as to whether the defendant had accepted the lease. This, on the evidence, was not a question of fact, but of law, because his acts amounted to an acceptance of it. A leasehold interest held by an insolvent debtor is property, in some cases valuable, which passes to his assignee under a general assignment for the benefit of creditors, whether mentioned in the instrument or not. The assignee knew of the existence of the lease; it was executed in his presence and was witnessed by and acknowledged before him, and he was put to…
2Cases cited3 opinions
- Journeay v. BrackleyNew York Court of Common Pleas · 1857
- Johnston v. MerrittNew York Court of Common Pleas · 1882
- Jones v. HausmannThe Superior Court of New York City · 1863