Gunning S. Bedford v. . Henry Terhune and George B. Edwards.

Summary

The New York Court of Appeals affirmed the judgment, holding that the defendants were assignees of the lease and therefore liable for rent, and that the plaintiff could amend the complaint to recover on the lease despite the original pleading for use and occupation. Two dissenting opinions argued that the recovery was improper because the action was not based on the lease and no surrender existed.