Legal Opinion

Ernst v. Zeltner Brewing Co.

Appellate Terms of the Supreme Court of New York

Decided June 25, 1909Published

Appeal from Municipal Court, Borough of Manhattan, Seventh District. Action by Sigmund Ernst against the Zeltner Brewing Company for rent. From a judgment for plaintiff, defendant appeals.

1Opinion of the CourtSeabury, J.

The plaintiff brings this action to recover $60 rent for a store used as a saloon in the premises No. 1506 Brook avenue, for the month of February, 1908. On September 26, 1906, one Lutz made a written lease of the premises in question to the defendant. Prior to the making of this lease, Moritz L. and Karl Ernst, who were then the owners of the premises in which the store was leased, had mortgaged said premises to one Goldstein to secure the sum of $20,-000. During the year 1907 an action was commenced for the foreclosure of this mortgage. In that action the defendant and a subten*923ant of the…

2Cases cited4 opinions

  1. United Merchants' Realty & Improvement Co. v. RothNew York Court of Appeals · 1908
  2. Collyer v. . CollyerNew York Court of Appeals · 1889
  3. Preston v. . HawleyNew York Court of Appeals · 1886
  4. Alt v. GrayAppellate Terms of the Supreme Court of New York · 1899

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