Moskowitz v. Eastern Brewing Co.
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term. Action by David Moskowitz against the Eastern Brewing Company. From a judgment for plaintiff on a directed verdict, and an order denying a motion for new trial, defendant appeals.
1Per curiam
This action was plainly tried on the theory that defendant was liable for rent, if at all, on the sole ground of being the assignee of a written lease and in possession of the premises, and plaintiff cannot shift his ground on appeal, but must be held to the theory of his trial. Snider v. Snider, 160 N. Y. 155, 54JNÍ. E. 676.
It is very clear from the testimony that no written assignment of the five-year lease was ever made to defendant, and, under the statute of *1018frauds, which was' pleaded in this case, the assignment of the lease would necessarily be made in writing, or it would be void, so…
2Cases cited4 opinions
- Frank v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1890
- Day v. GreenebaumNew York Supreme Court · 1894
- Snider v. . SniderNew York Court of Appeals · 1899
- Welsh v. SchuylerNew York Court of Common Pleas · 1876
3Cited by2 opinions
- Mann v. Munch BreweryAppellate Division of the Supreme Court of the State of New York · 1916
- Rosenblum v. WestinAppellate Terms of the Supreme Court of New York · 1916