Zinwell Co. v. Adams
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Third District. Action by the Zinwell Company against George Adams and another. From a judgment for defendants upon a trial without a jury, plaintiff appeals.
1Opinion of the CourtPage, J.
This action was brought upon an assignment, with an assumption agreement of the covenants of the lease, discussed in Zinwell Co. v. Ilkovitz, 144 N. Y. Supp. 815, decided herewith, to recover the same months’ rent. The landlord may simultaneously pursue his *818remedy against these defendants and their assignors, although, of course, he can have but one satisfaction.
For the reasons assigned in the opinion in Zinwell Co. v. Ukovitz, this judgment must be reversed, and a new trial ordered, with costs to appellant to abide the event. All concur.
2Cases cited1 opinion
- Zinwell Co. v. IlkovitzAppellate Terms of the Supreme Court of New York · 1913
3Cited by1 opinion
- Euler v. KesslerSupreme Court of Kansas · 1942