Collister v. . Hayman
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 1, 1904, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 1, 1904, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. The plaintiff brought this action to restrain the defendants, as proprietors of the Knickerbocker Theatre in the city of New York, from interfering with his business of selling, on the sidewalk and outside of the prohibited limits, tickets of admission to that theatre. He alleged in his complaint that at the times therein mentioned he ivas “ a…
1Opinion of the CourtVann, J.
A theatre may be licensed like a circus, but the license is not a franchise and does not place the proprietors under any duty to the public, or under any obligation to keep the theatre open. The license of a “ ticket speculator,” so far as it has any validity, simply authorizes him to conduct liis business on the sidewalk, within the limits prescribed. (City charter, §§ 50, 51, 1472, 1473.) Neither the license to the owner of the theatre nor the license to the ticket speculator adds to or takes from the rights of the parties to the contract made when the proprietor sells a ticket. The rights…
2Cases cited5 opinions
- People v. . KingNew York Court of Appeals · 1888
- People Ex Rel. Tyroler v. Warden of City PrisonNew York Court of Appeals · 1898
- Greenberg v. Western Turf Assn.California Supreme Court · 1903
- Burton v. ScherpfMassachusetts Supreme Judicial Court · 1861
- McCrea v. MarshMassachusetts Supreme Judicial Court · 1858
3Cited by46 opinions
- Woollcott v. . ShubertNew York Court of Appeals · 1916
- Madden v. Queens County Jockey Club, Inc.New York Court of Appeals · 1947
- People v. SteeleIllinois Supreme Court · 1907
- People v. LicataNew York Court of Appeals · 1971
- Foster v. Shubert Holding Co.Massachusetts Supreme Judicial Court · 1944
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