Roehr v. Liebmann
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Julius Liebmann, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 22d day of April, 1896, upon the decision of the court rendered after a trial at the Kings County Special Term overruling his demurrer to the amended complaint, with notice of an intention to bring up for review upon such appeal the order and findings made herein on the 20th day of April,…
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Appeal by the defendant, Julius Liebmann, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 22d day of April, 1896, upon the decision of the court rendered after a trial at the Kings County Special Term overruling his demurrer to the amended complaint, with notice of an intention to bring up for review upon such appeal the order and findings made herein on the 20th day of April, 1896, directing the entry of said judgment. The demurrer was interposed upon the ground of improper joinder of causes of…
1Opinion of the Court
Hatch, J.:
The action is brought to recover rent secured to be paid by the terms of a written lease, and for damages sustained in the restoration of the property after the termination of the lease. The complaint sets out the two causes of action in separate counts. So far 'as material to the disposition of the questions presented by the demurrer, the complaint alleges in the first count, and repeats the allegation in the second count, as follows: “ That on the 19th day of September, 1892, the plaintiff and the said defendants entered into a written agreement, a copy of which is hereto annexed,…
2Cases cited5 opinions
- Nichols v. . DrewNew York Court of Appeals · 1883
- De Ridder v. SchermerhornNew York Supreme Court · 1851
- Carman v. . PlassNew York Court of Appeals · 1861
- Tibbits v. PercyNew York Supreme Court · 1857
- Harris v. EldridgeNew York Supreme Court · 1879
3Cited by8 opinions
- Lopez v. TownsendNew Mexico Supreme Court · 1933
- Neun v. B. H. Bacon Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Stein v. WhitmanAppellate Division of the Supreme Court of the State of New York · 1913
- Green v. DunlopAppellate Division of the Supreme Court of the State of New York · 1909
- Leszynsky v. LevinsohnAppellate Division of the Supreme Court of the State of New York · 1915
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