Joseph Fallert Brewing Co. v. Blass
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Joseph Fallert Brejving Company, .Lim-. ited, from a judgment of the Municipal Court of the city of Yew York, borough of.Brooklyn, in favor of the defendants, in an action-• brought to recover the amount of a deposit made at the time of the execution of a- three-year lease of premises in Wyckoff avenue, borough of Brooklyn, January 29,1903. Amalie Fink leased to Frederick Krauss the premises No. 197 WyckofE avenue for the term of three years from…
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Appeal by the plaintiff, Joseph Fallert Brejving Company, .Lim-. ited, from a judgment of the Municipal Court of the city of Yew York, borough of.Brooklyn, in favor of the defendants, in an action-• brought to recover the amount of a deposit made at the time of the execution of a- three-year lease of premises in Wyckoff avenue, borough of Brooklyn, January 29,1903. Amalie Fink leased to Frederick Krauss the premises No. 197 WyckofE avenue for the term of three years from February 1, 1903, by an instrument in writing, duly acknowledged and recorded in the Kings county register’s office…
1Opinion of the Court
Rich, J.:
The only question presented is whether the action can be maintained against these defendants. There is no claim that the money deposited ever came into their possession. The learned counsel for *55appellant contends, however, that the covenant to return the money ran with the land, and defendants’ title was taken subject, to the agreement contained in the-lease. In this we think,he is mistaken. The covenant for the return of the money was a personal agreement between the original lessor and the lessee, and while an action might be maintained against the original- lessor to recover the…
2Cases cited1 opinion
- Knutsen v. CinqueAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by13 opinions
- Rosenfeld v. AaronNew York Court of Appeals · 1928
- Mauro v. AlvinoAppellate Terms of the Supreme Court of New York · 1915
- 165 Broadway Building, Inc. v. City Investing Co.Court of Appeals for the Second Circuit · 1941
- Euclid Holding Co. v. Kermacoe Realty Co.New York City Court · 1928
- Messer v. SmithAppellate Terms of the Supreme Court of New York · 1925
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