Star Brewery Co. v. Primas
Illinois Supreme Court
Appeal from the Appellate Court for the Fourth District;—heard in that court on appeal from the Circuit Court of Madison county; the Hon. Benjamin R. Burroughs, Judge, presiding. This is a bill, filed by appellee against the appellant company and one Edward Johnson, to enjoin them from in any manner using or authorizing the use of certain premises for saloon or dram-shop purposes, so long as the complainant owns the house known as the “Bluff Saloon.”
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Appeal from the Appellate Court for the Fourth District;—heard in that court on appeal from the Circuit Court of Madison county; the Hon. Benjamin R. Burroughs, Judge, presiding. This is a bill, filed by appellee against the appellant company and one Edward Johnson, to enjoin them from in any manner using or authorizing the use of certain premises for saloon or dram-shop purposes, so long as the complainant owns the house known as the “Bluff Saloon.” Answer and replication were filed, and decree was rendered by the circuit court, granting a perpetual injunction in accordance with the prayer…
1Opinion of the CourtChief Justice Magruder
The question in this case relates to the force and effect of the restrictive clause contained in the deed executed on August 18, 1891, by the appellee to Winters, and also to the extent to which that clause is binding, if at all, upon the appellant holding under a deed executed to it by Winters on May 20, 1893. The clause in question is as follows: “The premises hereby conveyed are not to be used for saloon or dram-shop purposes so long as the grantor owns the house formerly owned by Hanslick.” The deed from appellee to Winters refers to a conveyance previously made on January 19,1891, by…
2Cases cited7 opinions
- Trustees of Columbia College v. . ThacherNew York Court of Appeals · 1881
- Jackson v. StevensonMassachusetts Supreme Judicial Court · 1892
- Hutchinson v. UlrichIllinois Supreme Court · 1893
- Consolidated Coal Co. v. SchmisseurIllinois Supreme Court · 1890
- Kew v. TrainorIllinois Supreme Court · 1894
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3Cited by47 opinions
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- Osius v. BartonSupreme Court of Florida · 1933
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