Vetter v. Zerweok
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Welz & Zerweck, a corporation, from' a judgment of the Municipal Court of the city of Hew York, borough of Brooklyn, in favor of the plaintiffs, rendered on the 1st day of June, 1910.
1Opinion of the Court
Carr, J.:
•Plaintiffs obtained judgment against the defendant for rent of certain premises in the borough of Brooklyn in an action in the Municipal Court. From this judgment the defendant appeals. The pleadings were oral. The defendant denied the allegations of the complaint of the plaintiffs, and set up a counterclaim based upon a contract of guaranty made by the plaintiffs in favor of' defendant. The trial court dismissed the counterclaim, and awarded judgment for the plaintiffs on their cause of action. The guaranty forming the basis of the counterclaim was in form as follows:
“ Borough of…
2Cases cited3 opinions
- Hayes v. WardNew York Court of Chancery · 1819
- Craig v. . ParkisNew York Court of Appeals · 1869
- Thomas v. RisleyAppellate Terms of the Supreme Court of New York · 1898
3Cited by3 opinions
- In re the Judicial Settlement of the Account of SimmonsAppellate Division of the Supreme Court of the State of New York · 1925
- Susquehanna Steamship Co. v. A. O. Andersen & Co.Appellate Division of the Supreme Court of the State of New York · 1924
- Franklin National Bank v. Phoenix InsuranceNew York Supreme Court · 1958