Jones v. Hausmann
The Superior Court of New York City
Motion by the defendants for a new trial on exceptions, ordered at the trial to be heard in the first instance at the General Term. The action was on a lease by indenture, dated February 10, 1859, executed by the plaintiff as lessor and party of the first part, and by Herman Gutman and William.
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Motion by the defendants for a new trial on exceptions, ordered at the trial to be heard in the first instance at the General Term. The action was on a lease by indenture, dated February 10, 1859, executed by the plaintiff as lessor and party of the first part, and by Herman Gutman and William. Wedeles, composing the firm of Wedeles & Gutman, as lessees and parties of the second part; and the plaintiff sought to recover thereon of Solomon Hausmann. and Bernard Bernard, the defendants, as assignees of the lessees and of the lease, the quarter’s rent ($750) falling due May 1, 1861, (the last…
1Opinion of the Court
By the Court — Bosworth, Ch. J.
The defendants were not entitled to a dismissal of the complaint. In their answer, they admitted “ entering into possession of the premises mentioned in the complaint (the demised premises) on the said 15th of March, 1861, (the day of the assignment,) and continuing therein until on or about the 23d day of April, 1861, for the purpose of disposing of the property of said Wedeles & Gutman, under the trusts of the said assignment.
The assignment was sufficient to transfer to them the lease and the unexpired part of the term thereby created, and to enable them to…
2Cases cited6 opinions
- Astor v. HoytCourt for the Trial of Impeachments and Correction of Errors · 1830
- Williams v. WoodardNew York Supreme Court · 1829
- Martin v. BlackNew York Court of Chancery · 1842
- Journeay v. BrackleyNew York Court of Common Pleas · 1857
- Carter & Carter v. Hammett & BalchNew York Supreme Court · 1851
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Johnston v. MerrittNew York Court of Common Pleas · 1882
- Myers v. HuntCity of New York Municipal Court · 1887