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5 Cow. 18

Bracket v. Alvord

New York Supreme Court

Decided October 15, 1825

New York Supreme Court · decided 1825-10-15

<p>Where the action for rent is founded on privity of contract, as between the lessor and lessee, it is transitory; otherwise if on privity of estate, as where an assignee is a party.</p>

Cited by 1 later decisions — most recently October 1932

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1825-10-15

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Curia.

¶1The distinction is, that where the action for rent is founded on privity of contract, as between lessor and lessee, there the action is transitory; but if on privity of estate, as between the lessor and the assignee of the lessee, or the as*19signee of the lessor and the lessee, &c. it is local.(a) The motion must he denied.

¶2Motion denied.

¶3 Corporation of New York v Dawson, (2 John. Cas. 335,) and the cases there cited.

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