Wisner v. Wilcocks

New York Supreme Court

Wisner v. Wilcocks

1 Cole. & Cai. Cas. 62, 1 Cole. Cas. 56

DecidedJuly 15, 1798

StatusPublished

This text of 1 Cole. & Cai. Cas. 62 (Wisner v. Wilcocks) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wisner v. Wilcocks, 1 Cole. & Cai. Cas. 62, 1 Cole. Cas. 56 (N.Y. Super. Ct. 1798).

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Opinion

Per Curiam.

There is no case which goes the length of saying that none are to be considered as landlords within the meaning of this rule, but those who actually receive rents. Some dicta look that way, but it is the privity of interest, and not the receiyj'ng of rent, which is the true test. A mortgagee ° ° out of possession may be let in to defend. Strangers only are to be excluded.

Motion granted.

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Per Curiam.

There is no case which goes the length of saying that none are to be considered as landlords within the meaning of this rule, but those who actually receive rents. Some dicta look that way, but it is the privity of interest, and not the receiyj'ng of rent, which is the true test. A mortgagee ° ° out of possession may be let in to defend. Strangers only are to be excluded.

Motion granted.

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Bluebook (online)

1 Cole. & Cai. Cas. 62, 1 Cole. Cas. 56, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wisner-v-wilcocks-nysupct-1798.