Mann v. Munch Brewery
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Ferdinand Munch Brewery, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 13th day of January, 1916, upon the verdict of a jury rendered by direction of the court after a single question had been submitted to the jury and its verdict thereon taken, and also from an order entered in said clerk’s office on the 27th day of January, 1916, as resettled by an order entered…
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Appeal by the defendant, Ferdinand Munch Brewery, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 13th day of January, 1916, upon the verdict of a jury rendered by direction of the court after a single question had been submitted to the jury and its verdict thereon taken, and also from an order entered in said clerk’s office on the 27th day of January, 1916, as resettled by an order entered in said clerk’s office on the 11th day of February, 1916, denying defendant’s motion for a new trial made upon the…
1Dissent
Smith, J. (dissenting):
Plaintiff is the assignee of Max Mann. On the 1st of February, 1910, Max Mann leased to Sarah Fish certain premises at a certain rental. The lease was in writing, and among the provisions therein contained was the following:
“If the tenant is dispossessed by the issuance or service of any warrant or final order in summary proceedings, or if he abandons the premises, he shall nevertheless continue liable for the payment of the rent and the performance of all of the other conditions herein contained. The tenant shall not be relieved from liability for payment of rent, by…
2Cases cited3 opinions
- Michaels v. . FishelNew York Court of Appeals · 1902
- Day v. GreenebaumNew York Supreme Court · 1894
- Moskowitz v. Eastern Brewing Co.Appellate Terms of the Supreme Court of New York · 1909