Ebling Brewing Co. v. Nimphius
Appellate Terms of the Supreme Court of New York
Appeal from a final order of the Municipal Court of the city of ¡New York, second district, borough of The Bronx, establishing’ the rights and liabilities of the parties upon the redemption of a lease.
1Opinion of the CourtSeabury, J.
The appellant is the landlord of the premises which were leased to Schoeppler. The term of the lease was from August 31, 1905, to ¡November 1, 1915. On the same day that this lease was executed, Schoeppler assigned it to the Ebling Brewing Company. Although the lease contained a clause against assignment without the consent of the landlord, the proof shows that such consent was given. While the Ebling Brewing Coihpany also obtained title to the lease by virtue of the foreclosure of a chattel mortgage executed to it by Schoeppler which covered the lease, it is not necessary for the purpose of…
2Cases cited4 opinions
- Clark v. . MosherNew York Court of Appeals · 1887
- Bien v. BixbyAppellate Terms of the Supreme Court of New York · 1896
- Bien v. BixbyAppellate Terms of the Supreme Court of New York · 1897
- Davidoff v. Wheeler & Wilson Manufacturing Co.Appellate Terms of the Supreme Court of New York · 1896