Jacob Hoffmann Brewing Co. v. Klages — 240 N.Y. 566

Majority

p. 566

The Jacob Hoffmann Brewing Company, Appellant, v. John L. Klages et al., Respondents.

(Argued January 29, 1925;

decided February 25, 1925.)

Headnote

Equity — mortgage upon leasehold — surrender of lease by mortgagor — action by mortgagee to have surrender set aside and a subsequent lease by owner declared void and for accounting.

Hoffmann Brewing Co. v. Klages, 209 App. Div. 905 , affirmed.

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered July 15, 1924, unanimously affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. ' The action was brought by the holder of a chattel mortgage upon a leasehold to have a surrender of the lease by the mortgagor set aside and declared void, to have it determined that the plaintiff has a right to redeem the premises, to have a subsequent lease by the owner of the premises to a third party declared void or assigned

p. 567

to the plaintiff and for an accounting.. (See 234 N. Y. 469 .)

James Marshall and Louis Marshall for appellant.

August G. Klages and Harry A. Horton for respondents.

Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Cardozo, Pound, Crane, Andrews and Lehman, JJ. Absent: McLaughlin, J.

Cases cited

Jacob Hoffmann Brewing Co. v. Wuttge 234 N. Y. 469 N.Y. 1923-01-16 p. 567