Edgar A. Levy Leasing Co. v. Cohen

This motion for judgment on the pleadings presents the question whether or not any implied contractual liability may be fastened upon a husband as a result of his having occupied a dwelling conjointly with his wife, and having paid the rent therefor during such period, where the premises were leased to the wife prior to her marriage and the husband has not expressly assumed liability therefor. The cause of this action was the abandonment of said premises by the defendants prior to the termination of said lease.

The complaint alleges that in May, 1930, plaintiff, by a written lease, demised…