Legal Opinion

Farrelly v. Wells

New York Supreme Court

Decided June 15, 1921Published

Action in ejectment.

1Opinion of the CourtMartin, J.

This action is brought in ejectment to enforce a forfeiture due to an alleged violation by the defendant, the lessee under a written lease, of the provisions of the National Prohibition Act. The complaint alleges the arrest of defendant for a violation of the provisions of that law and his conviction and fine upon a plea of guilty. The complaint also sets forth that plaintiff, under the option given by the statute, terminated the lease, demanded possession and gave notice to quit. The defendant demurred to the complaint. The plaintiff then moved for judgment upon the pleadings. For the…

2Cases cited2 opinions

  1. Case v. First Natl. Bank of City of BrooklynNew York Supreme Court · 1908
  2. Milliken v. DotsonAppellate Division of the Supreme Court of the State of New York · 1907

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