
    Cartledge and another v. West, 2 Denio, 377-379.
    In S. Ct. 5 Hill, 488.
    
      Landlord and Tenant; Assignee of Lease.
    
    In this case, the Supreme Court held that the landlord, may recover under a count, upon an insimul computassent, though the evidence be of an accounting for rent secured by deed.
    
    The Court of Errors, without passing expressly on this point, held that where the defendant was the assignee of the lessee under an assignment in trust for creditors, and the promise upon the accounting was “ to pay when he should receive funds from the assigned property,” and there was no proof that he had received such funds, the plaintiff could not recover.
   The judgment was accordingly unanimously reversed.  