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AMERICAN BRAKE SHOE & FOUNDRY CO. v. NEW YORK RYS. CO.

No. 148.

10 F.2d 28 (1926)

AMERICAN BRAKE SHOE & FOUNDRY CO. v. NEW YORK RYS. CO. et al.

Circuit Court of Appeals, Second Circuit.

January 15, 1926.

Attorney(s) appearing for the Case

Simon Sultan, of New York City, for appellant.

Cotton & Franklin, of New York City (J. A. Fowler, Jr., of New York City, of counsel), for receivers.

Before HOUGH, MANTON, and HAND, Circuit Judges.

HOUGH, Circuit Judge (after stating the facts as above).

This is a question of New York law, of which, however, the latest restatement known to us is our own decision in Thorley v. Pabst, 179 F. 338, 102 C. C. A. 522. Noyes, J., there concluded (page 345 [102 C. C. A. 529]) that the general rule is that a "tenant who has not paid in advance can, upon eviction by superior title, recover only nominal damages, and can recover nothing for the value of his lease or for...

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