Lauterbach v. Joseph Fallert Brewing Co.

Appellate Division of the Supreme Court of New York

Lauterbach v. Joseph Fallert Brewing Co.

166 A.D. 939, 151 N.Y.S. 1125

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

DecidedJanuary 15, 1915

StatusPublished

This text of 166 A.D. 939 (Lauterbach v. Joseph Fallert Brewing Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lauterbach v. Joseph Fallert Brewing Co., 166 A.D. 939, 151 N.Y.S. 1125 (N.Y. Ct. App. 1915).

Pincite

Opinion

The finding that defendant agreed to purchase the property for $11,000 less the lien, is contrary to the weight of the evidence. In ease of a new trial the question of the liens that should be deducted can be considered, and among others the interest on the third mortgage and the sum paid for costs, which do not seem to have been deducted upon the trial already had. Judgment and order reversed and a new trial granted, costs to abide the event. Jenks, P. J., Burr, Thomas, Carr and Rich, JJ., concurred.

Free access — add to your briefcase to read the full text and ask questions with AI

The finding that defendant agreed to purchase the property for $11,000 less the lien, is contrary to the weight of the evidence. In ease of a new trial the question of the liens that should be deducted can be considered, and among others the interest on the third mortgage and the sum paid for costs, which do not seem to have been deducted upon the trial already had. Judgment and order reversed and a new trial granted, costs to abide the event. Jenks, P. J., Burr, Thomas, Carr and Rich, JJ., concurred.

Cite This Page — Counsel Stack

Bluebook (online)

166 A.D. 939, 151 N.Y.S. 1125, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lauterbach-v-joseph-fallert-brewing-co-nyappdiv-1915.