Ettlinger v. Kruger
Appellate Terms of the Supreme Court of New York
Appeal from a judgment of the City 'Court of the city of Hew York in favor of the defendant, entered after a trial, upon the verdict of the jury, and from an order denying a motion for a new trial.
1Opinion of the CourtLehman-, J.
The plaintiff sues for rent alleged to be due under a lease made on the 27th day of February, 1905, and extended for a term of five years from the 1st day of February, 1907, wherein the defendant agreed to pay the annual rental of $7,100 in equal monthly installments. There is no dispute hut that the rent is unpaid, and the sole defense sought to he established is, that the defendant obtained the consent of the landlord to assign the lease, and that the landlord agreed to accept the assignee as tenant in place of the defendant and release the defendant as tenant of the demised premises, and…
2Cases cited2 opinions
- Coe v. . HobbyNew York Court of Appeals · 1878
- Smith v. . KerrNew York Court of Appeals · 1888
3Cited by5 opinions
- Hallam v. Commerce Mining & Royalty Co.Court of Appeals for the Tenth Circuit · 1931
- Exeter Co. v. Samuel Martin, Ltd.Washington Supreme Court · 1940
- Diamanti v. AubertUtah Supreme Court · 1926
- Haje's, Inc. v. WireDistrict of Columbia Court of Appeals · 1947
- Koch v. BrummerAppellate Terms of the Supreme Court of New York · 1915