Putnam patriot., 1921-06-10
GOES TO SUPREME
COURT ON APPEAL
Victory Theatre Case To Be Re
viewed By Highest State
Tribunal
Meanwhile Present Occupants, Alpert
ct al. Remain In Po.session

The civil action of Nabaire Pelo-
quin Is. Jacob Alpert ct al, the ter
mination Of which will decide the legal
right to the possession of the Victory
Theatre, Main street. has. by devious
legal ways, reached the door of the
supreme court of errors of Connect
cut The step which brings this inn
portant matter TO the threshold of the
court of last resort was taken at a
short calendar session of the superior
court held in Willimantic Friday,
when judgment was recorded in ae-
eordanee with decision of Judge
james H. Webb sustaining the demur.
rer of the defendant 70 the plaintiffs
complaint. Through his counsel. Tor
rey 4 Geissler, the plaintiff, Alpert,
has given notice of appeal to the SUI
preme court and an additional bond
Of $1,000 has been ordered
The case has created no little in.
terest in Putnam. where both parties
are well known, and. although a Bit
teachnieal, has been closely followed.
As the supreme court does not sit
again until October it is probable that
the final decision as to who shall
have legal possession Of the premises
will not be determined before Novem-
Der OF December The appeal acts as
a stay Of execution under the judg-
ment Of the lower court and mean
while the present occupant Alpert ct
al. remain in possession and conduct
the moving picture house.
The theatre case has been in the
courts since last October and hinges
on the construction OF clause in n
lease under which Alpert - al took
possession and which expired or Dc
tober lst. 1920. The clause. which
has brought about the legal battle, is
to the effect that az the expiration Of
the lease Peloquin was either to buy
all Of the personal property owned by
Alpert ct al or TO give them further
lease for the term Of three years.
At the expiration Of the term Pelo-
auin gave notice that be would pur-
chase the personal property and de-
manded the premises. Alpert ct al
refused to give up the theatre, claim
ing that the alternative clause in the
lease was made for their benefit and
that the election could be made by
them and not by Peloquin, and they
demanded that the lease be renewed
for the further three year period.
Peloquin then got out a summary
process action and served notice to
quit on the tenants There was
hearing before Attorney Ernest G.
Morse. Justice Of the Peace, and the
proceedings tern mated faVorably TO
the plaintiff
The following Friday, Attorney
Torrey appeared before Judge Gardi-
ner Green Of the superior court and
obtained an injunction against Pelo-
auin, at an ex parte hearing. This
brought the matter 70 the superior
court where the defendant Peloquin
demurre, to the complaint Of the
plaintiff. This demurrer was sus-
tanned By Judge Webb in decision
handed down a few weeks ago, pri-
marily on the ground that the court
was unable to accept the plaintiff S
contention that the special provision
in the lease, which gives rise TO the
controversy, gives TO the plmntif, Al
pert ct al, an absolute right 70 re-
newal Of the lease for the further peri
cd of three years upon their own cleo
ton and option and notice thereof TO
the defendants. finding that the option
was very clearly with the defendant
lessor"
Judgment being entered according
to this decision the appeal to the high
er court vas taken.