Legal Opinion

Witthaus v. Zimmermann

Appellate Division of the Supreme Court of the State of New York

Decided February 15, 1904PublishedCited by 4 opinions

Appeal by the defendant, Jacob A. Zimmermann, pursuant to leave duly granted, from an order of the Appellate Term of the Supreme Court, entered in the office óf the clerk of the county of New York on the 13th day of March,.1903, which order affirmed a judgment of the Municipal Court of the city of New York, borough of Manhattan, in favor of the plaintiff, entered in the office of the clerk of said Municipal Court on the 12th day of January, 1903. ■ Benjannm G. Pasltus, for…

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Appeal by the defendant, Jacob A. Zimmermann, pursuant to leave duly granted, from an order of the Appellate Term of the Supreme Court, entered in the office óf the clerk of the county of New York on the 13th day of March,.1903, which order affirmed a judgment of the Municipal Court of the city of New York, borough of Manhattan, in favor of the plaintiff, entered in the office of the clerk of said Municipal Court on the 12th day of January, 1903. ■ Benjannm G. Pasltus, for the appellant. •

1Opinion of the Court

McLaughlin, J. :

On the 13th of December, 1901, one Simon leased to the firm of Johnson & Anderson certain premises in the city of New York for a term of three years, at an annual rental of $4,000, payable in equal monthly installments in advance. On the twenty:eighth of May following the plaintiff purchased the premises from Simon,, subject to the lease, and in connection with the purchase the defendant Zimmermann guaranteed the payment of the rent reserved, by <p' instrument, of which the following is a copy :

“In consideration of the sum of one dollar, the receipt whereof is hereby…

2Cases cited2 opinions

  1. Bernhardt v. CurtisSupreme Court of Louisiana · 1902
  2. White v. GriffingSupreme Court of Connecticut · 1877

3Cited by4 opinions

  1. Schneck v. LewisNew York Supreme Court · 1923
  2. In re TidusDistrict Court, D. Delaware · 1925
  3. Phenix National Bank v. WaterburyAppellate Division of the Supreme Court of the State of New York · 1908
  4. Scott v. DemarestCity of New York Municipal Court · 1912

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