Goldberg v. Eastern Brewing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Jonas Goldberg, from a judgment of the Municipal Court of the city of ¡New York, borough-of Brooklyn, in favor of the defendant, rendered on the 10th day of June, 1909, after trial before the court without a jury.
1Opinion of the Court
Jenks, J. :
This action was brought in October, 1908, for breach of the covenant in a lease that the lessee would make all repairs necessitated by wear and. tear during the term, and at the expiration thereof would quit and surrender the premises in as good state and condition as reasonable use and wear would permit: ■ The lease expired on Mayl, 1908. The defendant pleaded in bar a .judgment in a former action to recover rent under the lease, which went to judgment and satisfaction thereof prior to the beginning of this action. The defendant supported this plea, the Municipal Court gave…
2Cases cited10 opinions
- United States v. ThrockmortonSupreme Court of the United States · 1878
- Secor v. . SturgisNew York Court of Appeals · 1858
- Perry v. . DickersonNew York Court of Appeals · 1881
- Bendernagle v. CocksNew York Supreme Court · 1838
- Lorillard v. . ClydeNew York Court of Appeals · 1890
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3Cited by14 opinions
- Ripley v. StorerNew York Court of Appeals · 1956
- Eastland County v. DavissonTexas Commission of Appeals · 1929
- Wilkes v. HoodSupreme Court of Alabama · 1939
- Trustees of Masonic Hall & Asylum Fund v. FontanaAppellate Terms of the Supreme Court of New York · 1917
- Simon v. BierbauerAppellate Division of the Supreme Court of the State of New York · 1913
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