Abramowitz v. Gray
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiffs from a judgment in favor of the defendant, rendered in the Municipal Court of the city of New York, fourth district, borough of Manhattan.
1Opinion of the CourtScott, J.
The facts in this case bear no resemblance whatever to those in Weinberg v. Greenberger, 47 Misc. Rep. 117. In that case the money was paid as a deposit on account of a leáse to be thereafter made, and it was left quite obscure for what purpose the deposit was given, unless it was as security that the depositor would make the lease in due time. In this aspect it could be considered merely as security' for any damage which might accrue from the,depositor’s failure to execute a lease, and no such damages were proven. As was pointed out in that case, the deposit could not, under the terms of the…
2Cases cited1 opinion
- Weinberg v. GreenbergerAppellate Terms of the Supreme Court of New York · 1905
3Cited by3 opinions
- Addieg v. TullCourt of Appeals for the Second Circuit · 1911
- Lindenbaum v. MarxAppellate Terms of the Supreme Court of New York · 1909
- Roth v. GoodmanAppellate Terms of the Supreme Court of New York · 1907