11 Misc. 573 | The Superior Court of the City of New York and Buffalo | 1895
The action was for rent against Mr. Salisbury personally, not against him as trustee or assignee. The addition, “Assignee,” etc., to his name in the title is a descriptio personae. The complaint on its face makes no demand against him as assignee. His liability rests upon his personal acts, done, it may be assumed, for the benefit of the estate. The defendant had
If the facts adverted to did not by themselves sustain the finding of acceptance, the following circumstance was sufficient to sustain it: The answer alleges that about April 30,1894, the plaintiff herein commenced an action in the district court, etc., in which the said demised premises are situated, against Abraham Steers as tenant, and this defendant as assignee, to recover possession of said premises for nonpayment of rent, etc. On or about the 4th May, 1894, a dispossess warrant against Abraham Steers as tenant, and this defendant as assignee, was duly issued, and that thereunder the plaintiff took possession of the said demised premises. A summons in this proceeding was served upon the defendant. Whether he appeared or did not appear, he was bound by the adjudication that he was liable for the rent, which could only be as assignee of the lease in question. Nemetty v. Naylor, 100 N. Y. 562, 3 N. E. 497. Judgment affirmed, with costs. All concur.