Greil Bros. v. Mabson
Supreme Court of Alabama
Appeal from Montgomery Circuit Court. Heard before Hon. W. W. Pearson. Assumpsit by T. H. Mabson against the G-riel Bros Company. Judgment for plaintiff, and defendant appeals. The action was based upon eight promissory notes for the sum of $300 each, together with attorney’s fees, given as rent notes for a certain part of the Windsor Hotel and fixtures therein, to be used for a barroom, and for no other purpose.
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Appeal from Montgomery Circuit Court. Heard before Hon. W. W. Pearson. Assumpsit by T. H. Mabson against the G-riel Bros Company. Judgment for plaintiff, and defendant appeals. The action was based upon eight promissory notes for the sum of $300 each, together with attorney’s fees, given as rent notes for a certain part of the Windsor Hotel and fixtures therein, to be used for a barroom, and for no other purpose. The following are the special pleas referred to: (3) “That the consideration for the notes sued on was for rent of the barroom and fixtures known as the Windsor Hotel bar, located in…
1Opinion of the CourtDowdell, C. J.
The lease, as entered into by the parties, says “that the parties of the first part have this day leased to the parties of the second part the following premises in the city of Montgomery, Ala., viz.: The barroom and fixtures known as the Windsor Hotel bar, and located in the Windsor Hotel building on Commerce street, for occupation as a bar, and not otherwise.” It will be noted that the lease includes the barroom and fixtures inseparably, and provides that the room is to be occupied “as a bar, and not otherwise.” Appellee was bound, under this contract, to have permitted the use of the…
2Cases cited17 opinions
- Lorillard v. . ClydeNew York Court of Appeals · 1894
- Jamieson v. Indiana Natural Gas & Oil Co.Indiana Supreme Court · 1891
- Houston Ice & Brewing Co. v. KeenanTexas Supreme Court · 1905
- Baltimore & Ohio Southwestern Railway Co. v. New Albany Box & Basket Co.Indiana Court of Appeals · 1911
- Heart v. East Tennessee Brewing Co.Tennessee Supreme Court · 1908
12 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Virginian Export Coal Co. v. Rowland Land Co.West Virginia Supreme Court · 1926
- Tennessee Coal, Iron & Railroad Co. v. SizemoreSupreme Court of Alabama · 1952
- Mayo v. AndressSupreme Court of Alabama · 1979
- City of Montpelier v. National Surety Co.Supreme Court of Vermont · 1923
- Doherty v. Monroe Eckstein Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1921
24 more not listed; retrieve them via the Exa API.