Hull v. Barth
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John 0. Barth, from a judgment of the Supreme Oourt in favor of the plaintiffs, entered in the office of the clerk of the county of Hew York on the 29th .day of March, 1899, upon the verdict of a jury rendered by direction of the court. This appeal was transferred from the first department to the second department.
1Opinion of the Court
Hirschberg, J.:
The action is brought to recover a balance due for goods sold and delivered for use at the Ocean Hotel, at Long Branch, H. J. The defendant John C. Barth is the owner of the hotel, and he leased it to his co defendant, John Spitler, by an instrument dated February 24, 1897, for the summer season of that year. In this lease Spitler agreed to open the hotel not later than June twenty-seventh, and to keep it open at least until September first, but not later than October fifteenth. The rent was to be fifteen per cent of the gross receipts, and Spitler agreed to conduct the…
2Cases cited2 opinions
- Magovern v. . RobertsonNew York Court of Appeals · 1889
- Hull v. BarthAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by3 opinions
- Norment v. WittmannAppellate Division of the Supreme Court of the State of New York · 1913
- Nostrand v. HughesAppellate Division of the Supreme Court of the State of New York · 1900
- Nostrand v. HughesAppellate Division of the Supreme Court of the State of New York · 1900