Legal Opinion

Mudge v. West End Brewing Co.

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

Decided May 16, 1911PublishedCited by 11 opinions

Appeal by the plaintiff, William H. Mudge, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Schenectady on, the 25th day of October, 1910, upon the decision of the court rendered after a trial at the Schenectady Trial Term before the court without a jury.

1Opinion of the Court

Houghton, J.:

The plaintiff is owner of premises in the city of Schenectady, which the court has found were adapted only for saloon purposes. He leased them with the furniture and fixtures to the defendant for one year from May 1, 1906, with the privilege of two years more, which privilege the defendant exercised, and paid the full rent up to the time of the expiration of the lease on April 30, 1909.

The lease contained a provision that the defendant might sublet and it did sublet to one Kuhl, the defendant, however, paying the rent. Shortly before the expiration of the lease,. and in March,…

2Cases cited2 opinions

  1. Appleton v. . MarxNew York Court of Appeals · 1908
  2. Lehmaier v. JonesAppellate Division of the Supreme Court of the State of New York · 1905

3Cited by11 opinions

  1. City of New York v. Pennsylvania RailroadNew York Court of Appeals · 1975
  2. Farrell Lines, Inc. v. City of New YorkNew York Court of Appeals · 1972
  3. Chemical Bank v. StahlAppellate Division of the Supreme Court of the State of New York · 1998
  4. Arnot Realty Corp. v. New York Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1997
  5. Charlebois v. Carisbrook Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 2005

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