Legal Opinion

Halbe v. Adams

Appellate Division of the Supreme Court of the State of New York

Decided April 14, 1916No. 1PublishedCited by 20 opinions

Appeal by the defendants, Samuel Adams and another, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 29th day of October," 1915, denying their motion for judgment on the pleadings, consisting of a complaint, amended answer and reply.

1Opinion of the Court

McLaughlin, J.:

This appeal is from an order denying defendants’ motion for judgment on the pleadings. (Code Civ. Proc. § 547.)

The action is brought to recover $1,500 rent claimed to be due under a written lease. The complaint alleges that the plaintiff is the devisee of one Charles Halbe, who, on February 4, 1897, by an instrument in writing, leased to the defendants certain real estate in the city of New York for a term of twenty-six years from the first of May of that year, the defendants covenanting to pay to him, his executors, administrators and assigns the rent reserved in installments…

2Cases cited8 opinions

  1. Kirschbaum v. . EschmannNew York Court of Appeals · 1912
  2. Knapp v. . the City of BrooklynNew York Court of Appeals · 1884
  3. Jackson ex dem. Church v. BrownsonNew York Supreme Court · 1810
  4. Van Schaick v. . Third Avenue R.R. Co.New York Court of Appeals · 1868
  5. Wilson v. Lester & HolbrookNew York Supreme Court · 1873

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3Cited by20 opinions

  1. S. S. Kresge Co. v. SearsCourt of Appeals for the First Circuit · 1936
  2. Butterick Publishing Co. v. Fulton & Elm Leasing Co.New York Supreme Court · 1928
  3. Tauber v. National Surety Co.Appellate Division of the Supreme Court of the State of New York · 1927
  4. Halbe v. AdamsAppellate Division of the Supreme Court of the State of New York · 1917
  5. South Bay Center, Inc. v. Butler, Herrick & MarshallNew York Supreme Court · 1964

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