Legal Opinion

Key System Institute v. Weissman

Appellate Terms of the Supreme Court of New York

Decided December 15, 1921Published

Appeal by the plaintiff from a judgment of the Municipal Court of the city of NeAV York, borough of Manhattan, third district, dismissing the complaint upon the merits.

1Opinion of the CourtDelehanty, J.

The action is upon a written agreement executed by the parties hereto which provides in part that plaintiff is to give a course of instruction to defendant in the three R’s as well as certain other subjects named, at the home of the defendant on Wednesday and Sunday of each week. The learned court below, after a trial, found for plaintiff upon all points except one and then dismissed the complaint upon the theory that the contract was void in that it provided for a part performance on Sunday contrary to the provisions of section 2143 of the Penal Law of this state (Consol. Laws; Laws of 1909,…

2Cases cited3 opinions

  1. People v. . DunfordNew York Court of Appeals · 1912
  2. McCormick v. HazardAppellate Terms of the Supreme Court of New York · 1912
  3. Bilordeaux v. H. Bencke Lithographic Co.New York Court of Common Pleas · 1890

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