Aaron v. . Ward
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 21, 1910, affirming a judgment of the Municipal Court of the city of New York in favor of plaintiff. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 21, 1910, affirming a judgment of the Municipal Court of the city of New York in favor of plaintiff. The nature of the action and the facts, so far as material, are stated in the opinion. In all cases of breach of contract (breach of promise of marriage excepted) the plaintiff’s loss is measured by the benefit to him of having the contract performed, and this is, therefore, the true measure of damages. (Clark v. N. Y., N. H. & H. R. R. Co., 40 Misc. Rep. 691;…
1Opinion of the Court
Cullen, Ch. J.
The defendant was the proprietor of. a bathing establishment on the beach at Coney Island. The plaintiff, intending to take a bath in the surf, purchased a ticket from the defendant’s employees for the sum of twenty-five cents, and took her position in a line of the defendant’s patrons leading to a window at which the ticket entitled her to receive, upon its surrender, a key admitting her to a bathhouse. When she approached the window a dispute arose between her and the defendant’s employees as to the right of another person not in the line to have a key given to him in advance…
2Cases cited14 opinions
- Munn v. IllinoisSupreme Court of the United States · 1877
- Hamilton v. . Third Avenue Railroad Co.New York Court of Appeals · 1873
- People v. . KingNew York Court of Appeals · 1888
- De Wolf v. . FordNew York Court of Appeals · 1908
- Gillespie v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1904
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