John F. May et al. v. Edward Sheehy

John F. May et al. v. Edward Sheehy. In an action of covenant by the assignee of the lessor against the assignee of the lessee, the plaintiff may give parol evidence of an assignment by the lessee to the defendant. An assignee of the lessee is not liable to the lessor upon the covenants in the lease, unless he is assignee of th? whole estate of the original lessee. This was an action of covenant, by the assignee of the lessor against the assignee of the lessee; The defendant pleaded that he was not assignee of the lessee. , The plaintiff offered parol evidence of possession by the defendant, and his payment of rent to the plaintiff, as evidence of an assignment. 2 Phil. Ev. 88, 89; Derisley et al. v. Custance, 4 T. R. 75. Mr. Heioitt, for the defendant, contends that the assignment can only be proved by deed, and the deed must be produced. Mr. Taylor, contra. The assignment from the lessee to the defendant is a matter not within the knowledge of the plaintiff. He is no party to it. As to him, it ,is res inter alios acta. He has no power, at common law, to call upon the defendant to produce the deed of assignment, if there was one. [MAJORITY — The Court,] The Court, (nem con.) permitted the parol evidence to be given; but instructed the jury that the plaintiff was not entitled to recover in this action unless they should be satisfied that the defendant was assignee of the whole estate of the.original lessee. Verdict for the defendant.