Legal Opinion

Bank of Commerce & Trust Co. v. Burke

Tennessee Supreme Court

Decided April 15, 1916PublishedCited by 2 opinions

FROM SHELBY Appeal from the Chancery Court of Shelby County to the Court of Civil Appeals, and by certiorari to the Court of Civil Appeals from the Supreme Court. — P. H. Heiskell, Chancellor.

1Opinion of the CourtJustice Williams

This action was instituted to recover on six promissory notes executed to represent installments of the rent of a building in the city of Memphis. The defense relied on is that the building was demised by the landlord for use by defendants as a liquor saloon, in the face of laws in effect in that city prohibiting the sale of intoxicating liquors.

The building was leased to Burke by its owners through a real estate firm, on September 1, 1911, for a three-year term, the contract reciting that Burke as lessee covenanted “to use said building and premises for the purposes of a storehouse.” The…

2Cases cited10 opinions

  1. Greil Bros. v. MabsonSupreme Court of Alabama · 1912
  2. Heart v. East Tennessee Brewing Co.Tennessee Supreme Court · 1908
  3. Anheuser-Busch Brewing Ass'n v. MasonSupreme Court of Minnesota · 1890
  4. Hayton v. Seattle Brewing & Malting Co.Washington Supreme Court · 1911
  5. Kessler v. PearsonSupreme Court of Georgia · 1906

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3Cited by2 opinions

  1. Musco v. TorelloSupreme Court of Connecticut · 1925
  2. Paul Jones & Co. v. WilkinsTennessee Supreme Court · 1916

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