Maltz v. Westchester County Brewing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, Westchester County. Action by Adolph Maltz and another against the Westchester County Brewing Company. From an order modifying the report of a referee, defendant appeals. Affirmed. Plaintiffs were in occupation of a saloon at No. 139 Mt. Vernon avenue, in Mt.
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Appeal from Special Term, Westchester County. Action by Adolph Maltz and another against the Westchester County Brewing Company. From an order modifying the report of a referee, defendant appeals. Affirmed. Plaintiffs were in occupation of a saloon at No. 139 Mt. Vernon avenue, in Mt. Vernon, N. Y. They alleged that, having an agreement with the landlord for a further period of five years, at the plaintiffs’ request he had made a lease to one Schwartz in trust tor the plaintiffs. The complaint also averred that without the plaintiffs’ consent said Schwartz had assigned this lease to the…
1Opinion of the CourtPutnam, J.
[1] It seems clear that the trial, and defendant’s resulting appeal therefrom, did not essentially involve the issue whether or not plaintiffs should have the injunction, since no permanent injunction was granted, or had been prayed for in the complaint. The injunction was sought merely as incidental relief, so as to retain possession of the saloon pending the judgment. ■ The judgment for plaintiffs merged in it this preliminary injunction. Thereafter the judgment itself, and not any provisional or collateral remedy, entitled plaintiffs to possession, and excluded any interference by…
2Cases cited8 opinions
- Littleton v. BurgessWyoming Supreme Court · 1907
- Newton v. . RussellNew York Court of Appeals · 1882
- Hovey v. . the Rubber-Tip Pencil Co.New York Court of Appeals · 1872
- Randall v. . CarpenterNew York Court of Appeals · 1882
- Disbrow v. . GarciaNew York Court of Appeals · 1873
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