Eden Musee American Co. v. Bingham
New York Supreme Court
Action by the Eden Musee American Company, Limited, against one Bingham, individually and as police commissioner of the city of New York, to restrain defendant and the police force, of the city of New York from interfering with the exhibition of plaintiff's figures, curios, etc., on Sunday. On motion for the continuance of a preliminary injunction pendente lite.
1Opinion of the CourtGreenbaum, J.
The plaintiff moves for the continuance pendente lite of a preliminary injunction, which restrains the defendant as ¡lolice commissioner from interfering with its Sunday exhibition of paintings, statuary, wax figures, plaster groupings and curios where such exhibition is unaccompanied with any musical or stage entertainment. It is conceded that the exhibition in question does not come within the condemnation of any of the provisions of the charter of Greater Hew York or of the city ordinances, and that the only question is whether it may be termed a “ public show,” within the meaning of…
2Cases cited10 opinions
- United States v. Alabama Great Southern RailroadSupreme Court of the United States · 1892
- Story v. ElliotCourt for the Trial of Impeachments and Correction of Errors · 1827
- People v. . MosesNew York Court of Appeals · 1893
- Merritt v. . EarleNew York Court of Appeals · 1864
- People Ex Rel. Williams v. . DaytonNew York Court of Appeals · 1874
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3Cited by11 opinions
- Eden Musee American Co. v. BinghamAppellate Division of the Supreme Court of the State of New York · 1908
- State v. PennyMontana Supreme Court · 1910
- William Fox Amusement Co. v. McClellanNew York Supreme Court · 1909
- State v. ChamberlainSupreme Court of Minnesota · 1910
- Strand Amusement Co. v. City of OwensboroCourt of Appeals of Kentucky (pre-1976) · 1932
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