Schall v. Schwartz & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Schwartz & Co., Inc., from part of a 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 March, 1916, upon the verdict of a jury rendered by direction of the court after the first cause .of action set .up in the complaint had been dismissed.
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Appeal by the defendant, Schwartz & Co., Inc., from part of a 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 March, 1916, upon the verdict of a jury rendered by direction of the court after the first cause .of action set .up in the complaint had been dismissed. Defendant appeals from so much of said judgment as grants plaintiff damages under his second cause of action as to which the court directed a verdict.
1Opinion of the Court
Thomas, J. :
Schwartz & Co., defendant, for $175, and after enlargement of the building, $275 per month, leased in writing a moving picture place to Minnie Geiger, who kept it some three months and assigned it, with the deposit, to plaintiff, who had it two months and was dispossessed for non-payment of rent, whereupon the landlord, defendant, was unable to rent it for three months and then got $250 for two months and then got $200 per month. This action is to recover a $1,000 deposit less certain rent due, and the questions are (1) for what does the lease show the deposit was made, and (2)…
2Cases cited8 opinions
- Pitcher v. . HennesseyNew York Court of Appeals · 1872
- City of New York v. Dowd Lumber Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Meyer v. . LathropNew York Court of Appeals · 1878
- Feyer v. ReissAppellate Division of the Supreme Court of the State of New York · 1912
- Jamaica Savings Bank v. TaylorAppellate Division of the Supreme Court of the State of New York · 1902
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3Cited by1 opinion
- Schall v. Schwartz & Co.Appellate Division of the Supreme Court of the State of New York · 1917