H. Koehler & Co. v. Brady
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, entered upon an order made the first Monday of May, 1894, which reversed an order of Special Term denying a motion by plaintiff for a temporary injunction and granted such motion. The nature of the action and the material facts, so far as material, are stated in the opinion. The appeal from the order will lie to this court on the ground of the insufficiency of the complaint.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, entered upon an order made the first Monday of May, 1894, which reversed an order of Special Term denying a motion by plaintiff for a temporary injunction and granted such motion. The nature of the action and the material facts, so far as material, are stated in the opinion. The appeal from the order will lie to this court on the ground of the insufficiency of the complaint. The temporary injunction was unauthorized, and the granting of it was an error of. law and reviewable here. (McHenry v. Jewett,…
1Opinion of the CourtEarl, J.
The defendant owned a building in the city of Hew York, and in May, 1892, he leased a portion thereof to Daniel J. Foley for a saloon. Foley took possession of the •saloon and put certain personal property therein necessary for his business as a saloon keeper, and in July, 1892, he assigned his lease and conveyed his personal property to Jacob Wissman, who took possession. In October, 1892, he sold the property and assigned the lease to James J. McGinn, While McGinn was in possession of the saloon he borrowed $1,800’ of the plaintiff, and as security for the loan gave it a mortgage' upon the…
2Cited by3 opinions
- Chase v. Knickerbocker Phosphate Co.Appellate Division of the Supreme Court of the State of New York · 1898
- H. Koehler & Co. v. BradyAppellate Division of the Supreme Court of the State of New York · 1897
- Koehler v. BradyAppellate Division of the Supreme Court of the State of New York · 1897