Koch v. Brummer
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Seventh District. Action by William T. Koch and others against Edward Brummer. Judgment for defendant, and plaintiffs appeal.
1Opinion of the CourtGuy, J.
The action was brought to recover rent for the month of February, 1914, alleged to be due under a written lease. The defense was a surrender and acceptance. On the trial defendant took the af•firmative. The lease contained the usual covenant against assigning or underletting without the landlord’s consent in writing.
Defendant testified that in September, 1913, he asked Koch, one of the plaintiffs, if he could sell his business, including the lease; that he then knew he owed plaintiffs $525 for rent, which he subsequently paid; that Koch told, him he “could do it provided the people were all *508ri…
2Cases cited2 opinions
- Ettlinger v. KrugerAppellate Terms of the Supreme Court of New York · 1912
- Ettlinger v. KrugerAppellate Division of the Supreme Court of the State of New York · 1911