107 N.Y.S. 713 | N.Y. App. Term. | 1907
On May 1, 1901, defendant leased to one Charles Wessell the factory building, Hos. 222-224 East Thirty-seventh street, in this city, for the manufacture of pianos, for a term of five years and five months, commencing September 1, 1901, and ending February 1, 1907. The lease provided that the tenant should make all repairs at his own expense and deliver up the premises at the end of the term in good order and condition, damages by the elements excepted. The said Wessell took possession of the premises under said lease and told defendant he desired to make some necessary alterations in the building, to which proposition defendant consented. Wessell thereupon took the elevator car out of the building, enlarged the elevator shaft, installed a larger elevator, with attachments, and built partitions arpund it on each floor. He also installed a steam heating plant, and put in some gas-pipe, office partitions, a railing and a stock-room building. Subsequently, in September, 1903, Wessell was adjudicated a bankrupt, and his trustee in bankruptcy sold his stock in trade and fixtures at public auction. The lease, with the consent of defendant, was assigned by the trustee to one Stevens, upon the guaranty by the plaintiff of the payment of rent hy Stevens. The latter subsequently assigned the lease to plaintiff, who thereafter paid the rent to. defendant. Plaintiff claims that the stock in trade and
Present: Gildersleeve, Me Gall and Ford, JJ.
Judgment reversed and new trial ordered, with costs to appellant to abide event.