Adams v. Burke

Supreme Court of Rhode Island

Adams v. Burke

43 A. 1038, 21 R.I. 126, 1898 R.I. LEXIS 41

DecidedDecember 30, 1898

StatusPublished

This text of 43 A. 1038 (Adams v. Burke) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Adams v. Burke, 43 A. 1038, 21 R.I. 126, 1898 R.I. LEXIS 41 (R.I. 1898).

Pincite

Opinion

Per Curiam.

(1) The testimony fails to show, as claimed by the defendant, that the plaintiff was notified of the assignment of the lease and accepted the assignee as lessee in place of the defendant. The law is well settled that a mere assignment of a lease and an acceptance of rent by the lessor from the lessee do not preclude the lessor from maintaining an action of covenant against the lessee on his covenant for the payment of rent. Almy v. Greene, 13 R. I. 350; Fletcher v. McFarlane, 12 Mass. 43; Wall v. Hinds, 4 Gray, 256; Auriol v. Mills, 4 Durn. & E. (Term Rep.) 94. The direction of the Common Pleas Division to return a verdict for the plaintiff was correct.

Defendant’s petition for new trial denied and dismissed, and case remitted to the Common Pleas Division with direction to enter judgment on the verdict.

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Per Curiam.

(1) The testimony fails to show, as claimed by the defendant, that the plaintiff was notified of the assignment of the lease and accepted the assignee as lessee in place of the defendant. The law is well settled that a mere assignment of a lease and an acceptance of rent by the lessor from the lessee do not preclude the lessor from maintaining an action of covenant against the lessee on his covenant for the payment of rent. Almy v. Greene, 13 R. I. 350; Fletcher v. McFarlane, 12 Mass. 43; Wall v. Hinds, 4 Gray, 256; Auriol v. Mills, 4 Durn. & E. (Term Rep.) 94. The direction of the Common Pleas Division to return a verdict for the plaintiff was correct.

Defendant’s petition for new trial denied and dismissed, and case remitted to the Common Pleas Division with direction to enter judgment on the verdict.

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Bluebook (online)

43 A. 1038, 21 R.I. 126, 1898 R.I. LEXIS 41, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adams-v-burke-ri-1898.

Opinion

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