Wood v. Welz
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John Welz, from a judgment of the County Court of Kings, county in favor of the plaintiff, entered in the office of the clerk of the county of Kings on'the 9th day of February, 1899, upon the decision of the court rendered after a trial before the court without a jury.
1Opinion of the Court
Goodrich, P. J.:
The plaintiff leased to one Hatter certain premises for a term of five years, commencing October 1, 1892. The defendant, who was a brewer of whom Hatter bought beer, guaranteed the payment of the rent. Hatter occupied the premises and continued to pay the rent up to May 1, 1896, when he moved out. Two weeks later one "Wintermeyer and wife went into possession of the premises, in which it seems there were saloon fixtures belonging to the defendant. Wintermeyer paid some money to the plaintiff, and the defendant •contends that this is evidence to show that the plaintiff accepted…
2Cited by2 opinions
- Cluver v. SachsCity of New York Municipal Court · 1930
- Gershon v. KronmanAppellate Division of the Supreme Court of the State of New York · 1925