Benyakar v. Scherz
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John L. Scherz, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 20th day of February, 1904, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 23d day of February, 1904, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Patterson, J.:
The merits of this case are altogether with the plaintiff, and he is undoubtedly entitled to recover something for the breach of a contract made between him and the defendant. That contract was in writing. The defendant was the lessee and proprietor of hotel property at Coney Island, and he agreed with the plaintiff to allow the latter to erect kiosks around a loop in front of his property and do business therein. These kiosks or booths were to be used as places in which to sell certain small articles such as cigarettes, tobacco, peanuts, fruit, flowers and candies. The…
2Cases cited2 opinions
- Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
- Bernstein v. . MeechNew York Court of Appeals · 1891
3Cited by5 opinions
- Wallace v. American Life InsuranceOregon Supreme Court · 1924
- Garrity v. PropperAppellate Division of the Supreme Court of the State of New York · 1924
- Patten v. LynettAppellate Division of the Supreme Court of the State of New York · 1909
- Strauss v. HochAppellate Division of the Supreme Court of the State of New York · 1914
- May v. BreunigAppellate Terms of the Supreme Court of New York · 1909