Stay v. Du Bois
New York Supreme Court
Appeal from Ulster county court. Action by Sylvester Stay against Charles V. Du Bois to recover damages for the refusal of defendant to admit plaintiff to the opera house of which defendant was manager. From a judgment dismissing the complaint at the close of the evidence, plaintiff appeals.
1Opinion of the CourtHerrick, J.
The plaintiff brings this action against the defendant, who is the lessee of an opera house in the city of Kingston,, alleging that he purchased tickets for himself and wife , to attend a theatrical performance at such opera house; that on presenting himself for admission he was refused seats therein by reason of his being a colored man. Upon the trial there was a conflict of evi*241dence as to the reason of his exclusion. The defendant also claimed that he did not have control of the admissions, and that, in pursuance of a contract with the company giving the performance, such company had charge…
2Cases cited3 opinions
- Willy v. . MulledyNew York Court of Appeals · 1879
- Orr's CaseNew York Supreme Court · 1856
- Bookheim v. AlexanderNew York Supreme Court · 1892
3Cited by1 opinion
- People ex rel. McIntosh v. StillmanNew York City Magistrates' Court · 1919