Appellate Division of the Supreme Court of New York, 1908

Herrman v. Laemmle

Herrman v. Laemmle
Appellate Division of the Supreme Court of New York · Decided May 15, 1908 · Ingraham
110 N.Y.S. 1131 (New York Supplement)

Counsel

Wm. F. Wund, for appellant., Richard T. Greene, for respondent.

Herrman v. Laemmle

Opinion of the Court

PER CURIAM.

Determination affirmed, with costs.

Dissenting Opinion

INGRAHAM, J.

I dissent, on the ground that by the lease the covenant was to deliver possession in good order at the termination of the term demised. As the surrender terminated the lease and relieved the lessee from its covenants, and no obligation existed, except under the covenants of the lease, and it arose at its termination, the surrender relieved the lessee from liability under the covenants.

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