Jacob Hoffmann Brewing Co. v. Wuttge
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John L. Klages, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 5th day of October, 1921, upon the decision of the court rendered after a trial at the Queens Special Term.
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Appeal by the defendant, John L. Klages, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 5th day of October, 1921, upon the decision of the court rendered after a trial at the Queens Special Term. Appeal by the plaintiff, The Jacob Hoffmann Brewing Company, from so much of said judgment as adjudges that the defendant Frank Wuttge has not and did not have at the time of the commencement of this action any interest in the premises described in the complaint, and also from an order entered in said clerk’s office on…
1Opinion of the Court
Blackmar, P. J.:
The real question in this case is on the appeal from the judgment determining that the tenant, Wuttge, had no interest in the lease at the time of the commencement of the action and granting a barren foreclosure against the tenant’s interest only.
The tenant, Wuttge, having granted to plaintiff an interest in the leasehold by way of mortgage, had no right or power to destroy the interest by surrendering the lease to the landlord. (Rector, etc., Christ P. E. Church v. Mack, 93 N. Y. 488; Keeler v. Keeler, *359102 id. 30; Eten v. Luyster, 60 id. 252; Allen v. Brown, 5 Lans. 280.)…
2Cases cited3 opinions
- Rector of Christ Protestant Episcopal Church v. MacKNew York Court of Appeals · 1883
- Weseman v. . WingroveNew York Court of Appeals · 1881
- Allen v. BrownNew York Supreme Court · 1871
3Cited by1 opinion
- Harvey v. Guaranty Trust Co.New York Supreme Court · 1929