S. Liebmann's Sons Brewing Co. v. Lauter
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, S. Liebmann’s Sons Brewing Company, from an interlocutory judgment of the Supreme Court in favor of the defendant, Wilhelm Lauter, entered in the office of the clerk of the county of New York on the 23d day of December, 1901, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the plaintiff’s demurrer to the separate defense contained in the answer to the amended complaint, interposed by the defendant,…
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Appeal by the plaintiff, S. Liebmann’s Sons Brewing Company, from an interlocutory judgment of the Supreme Court in favor of the defendant, Wilhelm Lauter, entered in the office of the clerk of the county of New York on the 23d day of December, 1901, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the plaintiff’s demurrer to the separate defense contained in the answer to the amended complaint, interposed by the defendant, Wilhelm Lauter.
1Opinion of the Court
O’Brien, J.:
The action is brought by plaintiff to foreclose a mortgage on a lease which had been made by the defendant Lauter, the landlord, to one Patrick Quinn and by the latter assigned to Edwards who mortgaged it to plaintiff. One of the covenants of the lease pro-. vided that the lessee “ will not assign this lease nor let or underlet the whole or any part of the said premises * * * without the written consent ” of the landlord “ under the penalty of forfeiture and damages.”
Lauter was made a party defendant because of the covenants in the lease, but no personal judgment was asked against…
2Cases cited1 opinion
- Kramer v. AmbergNew York Supreme Court · 1889
3Cited by8 opinions
- Boskowitz v. CohnAppellate Division of the Supreme Court of the State of New York · 1921
- B. J. Galligan & Co. v. P. S. M., Inc.City of New York Municipal Court · 1921
- Nipet Realty, Inc. v. Melvin's Restaurant & Bar, Inc.Civil Court of the City of New York · 1971
- Greene v. Barrett, Nephews & Co.Appellate Division of the Supreme Court of the State of New York · 1923
- Long Building, Inc. v. Buffalo Anthracite Coal Co.New York Supreme Court · 1947
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