Cummings v. Freehold Trust Co.

The opinion of the court was delivered by

Perskie, J.

Appellant, plaintiff below, appeals from a judgment, based on a directed verdict, in favor of respondent, defendant below, and who will hereafter be referred to as the Bank.

The rather narrow question presented is whether the Bank by accepting a deed from its grantor subject, inter alia, to a lease for said premises made by him with the plaintiff, assumed the existent obligation therein contained of returning to the plaintiff, at the expiration of the term of that lease and the acceptance of the premises together with the leased fixtures and…