Leaux v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal from Trial Term, New York County. Action by Julius Leaux against the city of New York and James Jacobs. From a judgment dismissing the complaint as against said James Jacobs, plaintiff appeals. Reversed.
1Opinion of the CourtIngraham, J.
The defendant Jacobs was occupying the premises under an agreement with the department of parks of the city of New York, whereby the city of New York, by the department of parks, “granted and by these presents do grant to the said party of the second part the privilege of selling refreshments in the restaurant building near the Arsenal in said park, * * * for the term of five (5) years from the first day of February, 1901, unless this agreement be sooner revoked, canceled or annulled, as herein provided.” In consideration thereof Jacobs covenanted and agreed to pay to the department of parks…
2Cases cited3 opinions
- Pantzar v. . Tilly Foster Iron Mining Co.New York Court of Appeals · 1885
- Kranz v. Long Island Railway Co.New York Court of Appeals · 1890
- Rice v. . Eureka Paper Co.New York Court of Appeals · 1903
3Cited by1 opinion
- Downs Farmers Warehouse Ass'n v. Pioneer Mutual InsuranceWashington Supreme Court · 1905