Legal Opinion
Rosenwasser v. Amusement Enterprises, Inc.
New York Supreme Court
Decided December 15, 1914PublishedCited by 3 opinions
Appeal by the plaintiff from a judgment of the Municipal Court of the city of New York, borough of Manhattan, first district, entered in favor of defendants after a trial before the court without a jury.
1Opinion of the CourtWhitakeb, J.
This action is for rent under a written lease under seal executed by defendant Amusement Enterprises, Inc., and upon a written guaranty executed by the defendant Lyons. The execution and delivery of the lease and guaranty are admitted.
The record shows that the defendant Amusement Enterprises, Inc., went into possession of the premises and that the rent which accrued under the lease on July 1, 1914, amounting to $300 has not been paid.
The defendants set up three separate defenses, as follows:
" 1. That the lease and agreement of suretyship were obtained from the defendants by reason of false…
2Cases cited2 opinions
- Vail v. . ReynoldsNew York Court of Appeals · 1890
- Ettlinger v. KrugerAppellate Division of the Supreme Court of the State of New York · 1911
3Cited by3 opinions
- Phoenix Racing, Ltd. v. Lebanon Valley Auto Racing Corp.District Court, N.D. New York · 1999
- Arkadelphia Milling Co. v. GoddardSupreme Court of Arkansas · 1928
- McKeon v. Prudential Lines, Inc.Civil Court of the City of New York · 1981