Meyer v. Schulte
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, David A. Schulte and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New Y ork on the 31st day of March, 1913, upon the decision of the court after a trial at the New York Trial Term, a jury having-been waived. Judgment affirmed, with costs, on the opinion of Page, J., at Trial Term.
1Opinion of the Court
Present — Ingraham, P. J., Clarke, Scott, Dowling and Hotchkiss, JJ.
*237The following is the opinion of Page, J.:
Page, J.:
This is an action brought by an assignee for the benefit of creditors to recover rent due from the defendants to the plaintiff’s assignor at the time of the assignment pursuant to a written lease. The defendants have interposed a counterclaim for damages suffered by reason of their having been evicted after the assignment to the plaintiff. The proof consists almost entirely of documentary evidence and raises no serious question of fact. The United States Restaurant and Realty…
2Cases cited1 opinion
- Fera v. . WickhamNew York Court of Appeals · 1892
3Cited by6 opinions
- Dave Herstein Co. v. Columbia Pictures Corp.New York Court of Appeals · 1958
- Baitzel v. RhinelanderAppellate Division of the Supreme Court of the State of New York · 1917
- Mosbacher v. Cleaners Enterprises, Inc.City of New York Municipal Court · 1959
- Silken v. FarrellAppellate Division of the Supreme Court of the State of New York · 1952
- Laveites v. GottliebNew York Supreme Court · 1921
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