Fort Orange Barbering Co. v. New Haven Hotel Co.
Supreme Court of Connecticut
Suit for an injunction to restrain the defendant from taking out execution upon, or from proceeding further with, a judgment in its favor in an action of summary process, brought to and tried by the Superior Court in New Haven County, Webb, J.; facts found and judgment rendered for the defendant, and appeal by the plaintiff.
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Suit for an injunction to restrain the defendant from taking out execution upon, or from proceeding further with, a judgment in its favor in an action of summary process, brought to and tried by the Superior Court in New Haven County, Webb, J.; facts found and judgment rendered for the defendant, and appeal by the plaintiff. The finding shows: On the 17th day of October, 1911, the defendant leased to the plaintiff, in writing, certain space in the Hotel Taft, in New Haven, to be used as a barbering establishment, for a period of five years from the first day of September, 1912, at an annual…
1Opinion of the CourtRoraback, J.
This case turns upon the sufficiency of the findings to sustain the conclusion of the trial court in rendering judgment for the defendant.
The plaintiff’s objections to the decision of the Superior Court, which are urged here, are summarized as follows: “first, because it appears that the plaintiff will suffer irreparable injury, damage and loss, should the forfeiture of the lease be enforced; second, because it is a fixed rule in equity to give a tenant equitable relief against forfeiture for breach of covenant to pay rent, irrespective of any question as to whether such forfeiture would or…
2Cases cited11 opinions
- Truly v. WanzerSupreme Court of the United States · 1847
- Bowman v. FootSupreme Court of Connecticut · 1860
- Hartford Wheel Club v. Travelers InsuranceSupreme Court of Connecticut · 1905
- Church v. PearneSupreme Court of Connecticut · 1903
- Dunklee v. AdamsSupreme Court of Vermont · 1848
6 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Folwell v. HowellSupreme Court of Connecticut · 1933
- Kovner v. DubinSupreme Court of Connecticut · 1926
- Wooley v. WilliamsSupreme Court of Connecticut · 1927
- Steinegger v. FieldsConnecticut Superior Court · 1980
- S.H.V.C., Inc. v. RoyConnecticut Superior Court · 1981
13 more not listed; retrieve them via the Exa API.