Century Holding Co. v. Ebling Brewing Co.
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by the Century Holding Company against the Ebling Brewing Company. From so much of an order as modifies an order previously made for examination of defendant before trial, plaintiff appeals. Reversed.
1Opinion of the CourtBijur, J.
The complaint seeks to hold the, defendant as assignee of a lease granted by plaintiff to one Schultz. The answer, apart from denials, contains the admission of some form of assignment of the lease by Schultz to the defendant, alleging, however, that it was by means of a “deed poll * * * as collateral security” for a loan, denies that the defendant entered into possession, and alleges, further, that “for the purpose of divesting itself of all and singular its right, title, and interest in the said lease” defendant “did execute and deliver its certain deed poll, wherein it did grant and convey…
2Cases cited9 opinions
- Schweinburg v. AltmanAppellate Division of the Supreme Court of the State of New York · 1909
- Kornbluth v. IsaacsAppellate Division of the Supreme Court of the State of New York · 1912
- Seventy-eighth Street & Broadway Co. v. Purssell Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1915
- H. G. Vogel Co. v. George Backer Construction Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Kornbluth v. IsaacsAppellate Division of the Supreme Court of the State of New York · 1912
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