Arena Athletic Club v. McPartland
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Arena Athletic Club, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 10th day of June, 1898, upon the decision of the court rendered at a trial at the New York Special Term, dismissing the complaint at the beginning of the trial, upon the ground that the complaint did not state facts sufficient to constitute a cause of action.
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Appeal by the plaintiff, the Arena Athletic Club, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 10th day of June, 1898, upon the decision of the court rendered at a trial at the New York Special Term, dismissing the complaint at the beginning of the trial, upon the ground that the complaint did not state facts sufficient to constitute a cause of action. This appeal was transferred from the first department to the second department. The action was brought to restrain the defendants from giving public…
1Opinion of the Court
Woodward, J.:
The plaintiff in this action is an athletic club, and on or about the 12th day of March, 1897, it entered into a contract with the defendants, who are professional boxers, to give an exhibition of sparring at the club house on the 29tli day of March, 1897, “ or upon such day or days and hour to which such exhibition, for any cause, may be mutually postponed.” It was agreed between the parties that the defendants should not give an exhibition at any other place until after the contract with the plaintiff had been fulfilled. On the twenty-ninth day of March, the defendants, for…
2Cases cited2 opinions
- Town of Mentz v. . CookNew York Court of Appeals · 1888
- Taylor v. . TaylorNew York Court of Appeals · 1871
3Cited by4 opinions
- Weegham v. KilleferDistrict Court, W.D. Michigan · 1914
- American League Baseball Club of Chicago v. ChaseNew York Supreme Court · 1914
- General Electric Co. v. Westinghouse Electric Co.U.S. Circuit Court for the District of Northern New York · 1907
- MacHen v. JohanssonDistrict Court, S.D. New York · 1959