Lion Brewery v. Fricke

Page, J.:

These two actions were tried together. The facts are as follows:

On or about the 9th day of January, 1917, Jeremiah F. Sullivan purchased from Julius Grube the saloon at 1278 Lexington avenue. Sullivan borrowed $8,000 from the Lion Brewery and executed a chattel mortgage for that sum upon the chattels described in the schedule annexed thereto. Thereafter, as Sullivan did not make a success of the place and Grube was liable upon the lease, the property was transferred by Sullivan to Grube, who on the 15th day of October, 1917, by a written agreement under seal assumed the payment of…