Murphy v. Ottmann
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Edward F. Murphy, as sole surviving executor, etc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Hew York on the 11th day of February, 1908, upon the report of a referee dismissing the complaint upon the merits.
1Opinion of the Court
Houghton, J.:
-On the 6th day of June, 1895, the plaintiff and coexecutors leased to one David S. Hammond the premises known as the Murray Hill Hotel in the city of Hew York for the period of ten years beginning the 1st day of July, 1896, at a stipulated rental, payable monthly, in addition to the payment of taxes and water rents. The lease contained a provision that Hammond should not sublet thé premises for any purpose other than the ordinary hotel business, and that he should not. assign the lease “except to such person or persons as may become partners or associates in business with /him…
2Cases cited2 opinions
- Morgan v. . SmithNew York Court of Appeals · 1877
- Spies v. . National City BankNew York Court of Appeals · 1903
3Cited by4 opinions
- Murphy v. Luthy Battery Co.California Court of Appeal · 1925
- Verschleiser v. NewmanAppellate Terms of the Supreme Court of New York · 1912
- Brill v. FriedhoffNew York Supreme Court · 1918
- Verschleiser v. NewmanAppellate Terms of the Supreme Court of New York · 1912