Pabst Brewing Co. v. Sloane
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Pabst Brewing Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 14th day of January5 1913, as resettled by an order entered in said clerk’s office on the 24th day of January, 1913, denying the plaintiff’s motion for judgment, on the pleadings.
1Opinion of the Court
Dowling, J.:
The sole ground for the order appealed from seems to be that a prior motion for an injunction pendente lite was denied by the learned justice at Special Term upon the ground that the “moving papers fail to show irreparable injury to the plaintiff from the breach of the contract, and that damages in an action at law will not afford adequate relief,” citing Ringler & Co. v. Mold (115 App. Div. 549).
*581The complaint herein sets forth that defendant, the lessee of premises occupied by him as a café and restaurant, had applied to plaintiff, a domestic corporation, on August 20,1910, for…
2Cases cited2 opinions
- Diamond Match Co. v. . RoeberNew York Court of Appeals · 1887
- George Ringler & Co. v. MohlAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by2 opinions
- Alden v. WrightAppellate Division of the Supreme Court of the State of New York · 1916
- Bartholdi Realty Co. v. Robard Realty Co.Appellate Division of the Supreme Court of the State of New York · 1913