United States Title Guaranty Co. v. Michel — 229 N.Y. 534

Majority

p. 534

United States Title Guaranty Company, Respondent, v. John Michel, Appellant.

Headnote

Landlord and tenant — action for rent — guaranty.

U. S. Title Guaranty Co. v. Michel, 186 App. Div. 968 , affirmed.

(Argued April 23, 1920;

decided May 7, 1920.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 6, 1919, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term, a jury having been waived. The complaint

p. 535

sets forth two causes of action: The first for rent and water rates due while defendant was in possession of the premises as a pin-chaser of an unexpired term of a lease, and the second for the rent and water rates due during the same period upon a written guaranty executed by the defendant for the original lessee’s performance of the terms of the lease.

Otho S. Bowling and Robert H. Elder for appellant.

Benjamin Reass, Hugo Hirsh and Emanuel Newman for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Chase, Collin, Cardozo, Pound, Crane and Andrews, JJ.