Legal Opinion

Doherty v. Monroe Eckstein Brewing Co.

Appellate Terms of the Supreme Court of New York

Decided April 15, 1921PublishedCited by 9 opinions

Appeal by defendant from a judgment of the Municipal Court of the city of New York, borough of Manhattan, sixth district, in favor of the plaintiff after trial by the court without a jury.

1Opinion of the CourtWagner, J.

The plaintiff instituted suit against the defendant brewing company for rent for the months of January to October, 1920, for the use of premises occupied by it as a saloon under a written lease which included the following provision: “ It being expressly agreed, that the only business to be carried on in said premises is the saloon business.” A further clause contained in the lease provided for indemnity by the tenant for loss or damage by reason of the maintenance by the tenant “ of a saloon or place for the sale of malt, strong, spirituous, or intoxicating liquors * * *.” The tenant by way…

2Cases cited6 opinions

  1. Corporation of Brick Presbyterian Church v. Mayor of New YorkNew York Supreme Court · 1826
  2. Adler v. MilesAppellate Terms of the Supreme Court of New York · 1910
  3. Baker v. . JohnsonNew York Court of Appeals · 1870
  4. Heart v. East Tennessee Brewing Co.Tennessee Supreme Court · 1908
  5. O'Byrne v. HenleySupreme Court of Alabama · 1909

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Doherty v. Monroe Eckstein Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1921
  2. Kaiser v. ZeiglerAppellate Terms of the Supreme Court of New York · 1921
  3. Lion Brewery v. LoughranNew York Supreme Court · 1928
  4. Phillipse Towers, Inc. v. OrtegaYonkers City Court · 1969
  5. Raner v. GoldbergAppellate Division of the Supreme Court of the State of New York · 1926

4 more not listed; retrieve them via the Exa API.

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