Holly Holding Corp. v. Moss

Merrell, J. (dissenting).

Plaintiff is the lessee of the Republic Theatre on West Forty-second street, New York city, and demands an injunction restraining the defendant from suspending its license and from interfering with the presentation of performances and from carrying into effect a decision of suspension effective Saturday night, September 14, 1935. The license in question granted plaintiff permission to maintain and operate a burlesque theatre at 209 West Forty-second street, and was issued on June 4, 1935. Prior to issuing the license the plaintiff signed an agreement to abide by the…