Legal Opinion

O. J. Gude Co. v. Farley

Appellate Terms of the Supreme Court of New York

Decided December 15, 1898PublishedCited by 5 opinions

Appeal by the plaintiff from a judgment of the Municipal Court of the city of Rew York, borough of Manhattan, first district, rendered in favor of the defendant upon a trial had before the court without a jury. The nature of the action and the material facts are stated in the opinion.

1Opinion of the CourtGiegerich, J.

The defendant’s grantor, one James McEnery, by indenture bearing date the 27th day of March, 1597, demised and leased to a Daniel McMenamey the building and its appurtenances, located at Ros. 106 and 108 Myrtle avenue, in the then city of Brooklyn, for a term of one year from the 1st day of May, 1897, at an annual rental of $1,350, with the privilege of renewal yearly for the four succeeding years, upon compliance with certain conditions. The lessee therein covenanted that he would neither assign said lease, nor underlet the whole or any part of the premises described, except the second and…

2Cases cited3 opinions

  1. Shea v. Inhabitants of MilfordMassachusetts Supreme Judicial Court · 1888
  2. Farnsworth v. LoweryMassachusetts Supreme Judicial Court · 1883
  3. Eldridge v. AdamsNew York Supreme Court · 1866

3Cited by5 opinions

  1. Dow-Arneson Co. v. City of St. PaulSupreme Court of Minnesota · 1934
  2. Fox v. American Propane, Inc.Court of Appeals of Texas · 1974
  3. Isik Jewelry v. Mars Media, Inc.District Court, E.D. New York · 2005
  4. Hammond v. SullivanAppellate Division of the Supreme Court of the State of New York · 1906
  5. Rosenkranz v. SaberskiAppellate Terms of the Supreme Court of New York · 1903

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