Dierig v. Callahan
City of New York Municipal Court
Appeal from a judgment, of the trial term, entered upon the direction for a verdict, and from an order denying a motion for a new trial.
1Opinion of the CourtConlan, J.
The action was to recover "a sum of money stipulated in a lease held by plaintiff under a bill of sale of the unexpired term. The lease contained a clause that if the premises were sold during the term the lessor would pay to the lessee the sum of $500 in case possession of the premises should be demanded. The lease was-to one Lina Kiehl, who died during the term, and her administratrix sold the lease to the plaintiff, and she entered *855into possession of the premises and continued the payment of the rent reserved, the owner receiving from and receipting to her therefor. Upon a former trial the…
2Cases cited1 opinion
- Dierig v. CallahanAppellate Terms of the Supreme Court of New York · 1901