Gibbs v. . Arras Brothers
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 10, 1915, which affirmed a determination of the Appellate Term affirming a judgment of the Municipal Court of the city of New York in favor of plaintiff. The nature of the action and the facts, so far as material, are stated in the opinion. There is no obligation on the part of the owner of a liquor saloon to serve all persons.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 10, 1915, which affirmed a determination of the Appellate Term affirming a judgment of the Municipal Court of the city of New York in favor of plaintiff. The nature of the action and the facts, so far as material, are stated in the opinion. There is no obligation on the part of the owner of a liquor saloon to serve all persons. The term “ saloon ” is not expressed in the Civil Rights Act; and no term is used that is inclusive of a liquor saloon. (Cromwell v.…
1Opinion of the CourtCollin, J.
In June, 1914, the plaintiff and a companion were refused in the liquor saloon of the defendant, drinks, respectively, of beer and gin, because they were colored men. Thereupon the plaintiff, in his own right and as the assignee of his companion, brought this action in the Municipal Court of the city of New York to recover, and did recover, the penalties provided for violations of section 40 of the Civil Rights Law. The Appellate Term and the Appellate Division have affirmed the recovery.
Section 40, in so far as relevant to this action, reads: “ All persons within the jurisdiction of this…
2Cases cited3 opinions
- Woollcott v. . ShubertNew York Court of Appeals · 1916
- Butts v. Merchants & Miners Transportation Co.Supreme Court of the United States · 1913
- Burks v. . BossoNew York Court of Appeals · 1905
3Cited by16 opinions
- MATTER OF CAHILL v. RosaNew York Court of Appeals · 1996
- Brody v. P. J. LeamyNew York Supreme Court · 1977
- Goff v. SavageWashington Supreme Court · 1922
- People v. . HewsonNew York Court of Appeals · 1918
- People v. SantiagoNew York Supreme Court · 1986
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