Schwartz v. . Cahill
New York Court of Appeals
Appeal, by permission, from a judgment, entered November 27, 1916, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which reversed a determination of the Appellate Term affirming a judgment of the City Court of the city of New York in favor of plaintiff, entered upon a verdict directed by the court and directed a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal, by permission, from a judgment, entered November 27, 1916, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which reversed a determination of the Appellate Term affirming a judgment of the City Court of the city of New York in favor of plaintiff, entered upon a verdict directed by the court and directed a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. This'case must be decided upon the language of the bill of sale, and the terms of sale were incompetent and were properly…
1Opinion of the CourtCardozo, J.
The plaintiff leased a restaurant in the city of Hew York to the Houston Restaurant Company for a term of years. In September, 1915, the lessee corporation became insolvent; proceedings to dissolve it were begun; and the defendant was appointed receiver. At that time the arrears of rent were $2,711.30. The receiver remained in possession from September 24,1915, to October 29, 1915, and the rent for the period of his possession is $1,508.67. When this is added to the rent due at the time of his appointment, the total is $4,219.97. On. October 29, 1915, the lease, with the fixtures and the good…
2Cases cited8 opinions
- Woodruff v. . Erie Railway CompanyNew York Court of Appeals · 1883
- Belmont v. . ComanNew York Court of Appeals · 1860
- Dingeldein v. . the Third Avenue R.R. Co.New York Court of Appeals · 1868
- Smith v. . CornellNew York Court of Appeals · 1888
- Prince v. SchlesingerAppellate Division of the Supreme Court of the State of New York · 1906
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3Cited by7 opinions
- Jemzura v. JemzuraNew York Court of Appeals · 1975
- In Re the Accounting of OakesNew York Court of Appeals · 1928
- Hart v. Socony-Vacuum Oil Co.New York Court of Appeals · 1943
- Klundt v. CarothersIdaho Supreme Court · 1975
- Rogers v. NiforatosAppellate Division of the Supreme Court of the State of New York · 1977
2 more not listed; retrieve them via the Exa API.