Pabst Brewing Co. v. Thorley
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Southern District of New York. Writ of error to review judgment of the United States Circuit Court for the Southern District of New York, sustaining demurrer to amended complaint, on the ground that it did not state facts sufficient to constitute a cause of action.
1Opinion of the Court
TOWNSEND, Circuit Judge.
It appears from the amended complaint that the defendant, in January, 1899, being the lessee of a cer*118tain piece of land situated at the intersection of Forty-Second street, Broadway, and Seventh avenue, and having procured a permit from the city of New York to use the subsurface of the highway adjacent thereto, subject to revocation whenever such subsurface should be required for any public improvements, had erected a building upon the entire premises, and leased the land and building to the plaintiff for a term of about 19 years. The lease was of the land by metes and…
2Cases cited24 opinions
- Swift v. TysonSupreme Court of the United States · 1842
- Proprietors of the Charles River Bridge v. Proprietors of the Warren BridgeSupreme Court of the United States · 1837
- Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
- Huyck v. . AndrewsNew York Court of Appeals · 1889
- The Mayor, C., of New-York v. . MabieNew York Court of Appeals · 1855
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- Dime Savings Bank of New York v. Coleman, No. Cv 960556736s (Jun. 14, 1996)Connecticut Superior Court · 1996