Legal Opinion

Zacharias v. French

New York Court of Common Pleas

Decided November 17, 1894Published

Action by John Zacharias against Thomas H. French. Plaintiff moves that certain matter be stricken from the answer, and that defendant be required to state whether certain facts are relied on as a complete or as a partial defense. Denied.

1Opinion of the CourtGrIEGrEBICH, J.

This action is brought to recover damages forth e expulsion of the plaintiff from the theater of the defendant without cause. The answer denies all the material allegations of the complaint, except the ownership of the theater by the defendant, and sets up the following affirmative defenses:

“(5) As and for a second and complete as well as partial answer and defense, this defendant alleges, upon information and belief, that at the time claimed by the plaintiff in his complaint to have purchased the license for-himself and wife to witness the performance given at the Garden Theater on< the 22d…

2Cases cited7 opinions

Goodwin v. . WertheimerNew York Court of Appeals · 1885
Van Slyke v. . HyattNew York Court of Appeals · 1871
People Ex Rel. Osgood v. Commissioners of TaxesNew York Court of Appeals · 1885
Myers v. RosenbackNew York Court of Common Pleas · 1894
Longworthy v. KnappNew York Supreme Court · 1857

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