Zinwell Co. v. Adams

Appellate Terms of the Supreme Court of New York

Zinwell Co. v. Adams

144 N.Y.S. 817

Appellate Terms of the Supreme Court of New York·Decided December 18, 1913·Published·Cited by 1 cases

Opinion

PAGE, J.

This action was brought upon an assignment, with an assumption agreement of the covenants of the lease, discussed in Zinwell Co. v. Ilkovitz, 144 N. Y. Supp. 815, decided herewith, to recover the same months’ rent. The landlord may simultaneously pursue his [818]*818remedy against these defendants and their assignors, although, of course, he can have but one satisfaction.

For the reasons assigned in the opinion in Zinwell Co. v. Ukovitz, this judgment must be reversed, and a new trial ordered, with costs to appellant to abide the event. All concur.

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PAGE, J.

This action was brought upon an assignment, with an assumption agreement of the covenants of the lease, discussed in Zinwell Co. v. Ilkovitz, 144 N. Y. Supp. 815, decided herewith, to recover the same months’ rent. The landlord may simultaneously pursue his [818]*818remedy against these defendants and their assignors, although, of course, he can have but one satisfaction.

For the reasons assigned in the opinion in Zinwell Co. v. Ukovitz, this judgment must be reversed, and a new trial ordered, with costs to appellant to abide the event. All concur.

Zinwell Co. v. Adams, 144 N.Y.S. 817 (N.Y. Ct. App. 1913).

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Opinion

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