Legal Opinion · Dissent

Hart v. City Theatres Co.

Appellate Division of the Supreme Court of the State of New York

Decided May 2, 1913Published

Appeal by the plaintiff, Edward Hart, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 15th day of January, 1912, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term.

1Dissent

Laughlin, J. (dissenting):

This is an action upon a lease in writing and under seal made between the parties on the 6th day of January, 1910, to recover an installment of rent alleged to be due to the plaintiff thereunder. The defendant in' its answér pleaded, among other *678things, that the agreement could not be lawfully executed in that the plaintiff thereby undertook to authorize the defendant to perform acts prohibited by law.

The plaintiff was not the- owner but the lessee only of premises known as 116 and 118 East Fourteenth street,- in the borough of Manhattan, Hew York, and was in…

2Cases cited3 opinions

  1. Coffey v. BurkeAppellate Division of the Supreme Court of the State of New York · 1909
  2. Washington Life Ins. Co. v. . ClasonNew York Court of Appeals · 1900
  3. Hess v. AllenCity of New York Municipal Court · 1898

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