Stimpson v. Minsker Realty Co.
New York Supreme Court
Action by Henry C. S. Stimpson, as receiver of the People’s Theater-Company, a domestic corporation, against the Minslcer Realty Company and others. Complaint dismissed.
1Opinion of the CourtCohalan, J.
Plaintiff, as receiver in sequestration proceedings, sues to recover the sum of $72,000 deposited as liquidated damages under the terms of a written lease, less the amount due when the tenant was dispossessed. The action was brought in equity, because under the terms of the lease the deposit was made a lien on the demised premises, subject, however to prior mortgages, and the relief prayed for includes the foreclosure of the lien. It appears that on the 20th day of March, 1911, the defendant Louis Minsky by an instrument in writing leased to Joseph Edelstein, Max R. Wilner, and Bores…
2Cases cited10 opinions
- Sun Printing and Publishing Assn. v. MooreSupreme Court of the United States · 1902
- Ward v. Hudson River Building Co.New York Court of Appeals · 1891
- Caesar v. . RubinsonNew York Court of Appeals · 1903
- Chaude v. . ShepardNew York Court of Appeals · 1890
- Curtis v. . Van BerghNew York Court of Appeals · 1899
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