Gallagher v. Merrill
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Ezra F. Merrill, from an order -of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the lath day of July, 1896, striking out his answer as sham and directing that judgment be entered in favor of the plaintiff.
1Opinion of the Court
Per Curiam :
This action is brought against the defendant to recover an installment of rent due under and by virtue of the terms of a written *183lease made and executed by the plaintiff as lessor and by Martha Friedrichs as lessee. The defendant is a surety upon the lease, and his covenant indorsed thereon contained,, among other things, an agreement to pay the rent secured thereby in case the said Martha Friedrichs made default in payment. The complaint alleged the making and execution of the'lease and set out plaintiff’s undertaking in connection therewith in full. By its third allegation the…
2Cases cited2 opinions
- Thompson v. . the Erie Railroad CompanyNew York Court of Appeals · 1871
- Humble v. McDonoughSuperior Court of Buffalo · 1893
3Cited by5 opinions
- Hopkins v. MeyerAppellate Division of the Supreme Court of the State of New York · 1902
- Wagner v. Van Schaick Realty Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Schlesinger v. McDonaldAppellate Division of the Supreme Court of the State of New York · 1905
- Hopkins v. MeyerAppellate Division of the Supreme Court of the State of New York · 1902
- Schultes v. BischoffAppellate Division of the Supreme Court of the State of New York · 1897