Mann v. . Munch Brewery
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 10, 1916, reversing a judgment in favor of plaintiff entered upon a verdict directed by the court and granting a new trial. The nature of the action and the facts, so. far as material, are stated in the opinion. Privity of contract between plaintiff’s assignor and defendant was ■conclusively established.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 10, 1916, reversing a judgment in favor of plaintiff entered upon a verdict directed by the court and granting a new trial. The nature of the action and the facts, so. far as material, are stated in the opinion. Privity of contract between plaintiff’s assignor and defendant was ■conclusively established. (McAdam on Landl. & Ten. [4th ed.] 889, § 247; Mayer v. Wylie, 43 Hun, 547; 122 N. Y. 663; Frank v. N. Y., etc., R. R. Co., 122 N. Y. 197; Dassori v. Yarek, 71 App. Div. 538;…
1Opinion of the CourtCrane, J.
This appeal brings up for review the rights of a lessor to recover from an assignee rent due under a lease accruing after dispossession. On the 1st day of February, 1910, Max Mann leased to Sarah Fish the premises 274 Broome street, Manhattan borough, New York city, for the term of five years and two months, beginning the 1st day of March of the same year. The term, therefore, expired May 1st, 1915. The leased property was a corner store and basement used as. a saloon. Sarah Fish remained in the property until November, 1910, when the defendant, Ferdinand Munch Brewery, took possession and…
2Cases cited19 opinions
- Stewart v. . Long Island R.R. Co.New York Court of Appeals · 1886
- Michaels v. . FishelNew York Court of Appeals · 1902
- McCready v. . LindenbornNew York Court of Appeals · 1902
- Bedford v. . TerhuneNew York Court of Appeals · 1864
- Consolidated Coal Co. v. PeersIllinois Supreme Court · 1896
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- Hermitage Co. v. LevineNew York Court of Appeals · 1928
- Kottler v. New York Bargain House, Inc.New York Court of Appeals · 1926
- 172 Van Duzer Realty Corp. v. Globe Alumni Student Assistance Association, Inc.New York Court of Appeals · 2014
- In Re Shoppers Paradise, Inc.United States Bankruptcy Court, S.D. New York · 1980
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