Legal Opinion

Luxenberg v. Keith & Proctor Amusement Co.

Appellate Terms of the Supreme Court of New York

Decided June 15, 1909PublishedCited by 5 opinions

Appeal by the plaintiff from a judgment in favor of the plaintiff, rendered in the Municipal Court of the city of Kew York, eighth district, borough of Manhattan.

1Opinion of the CourtSeabury, J.

This action was brought to recover damages for breach of contract, and the only question presented for our determination is the measure of the damages to be awarded the plaintiff. The plaintiff purchased four tickets at the box office of the defendant’s theater. When these tickets were presented, the plaintiff and her three friends were denied admittance. The statement that the plaintiff was expelled and ejected from the theater conveys a wrong idea of what took place. The fact disclosed by the evidence is that the defendant’s agent refused to accept the tickets when they were tendered and…

2Cases cited3 opinions

  1. Collister v. . HaymanNew York Court of Appeals · 1905
  2. People Ex Rel. Burnham v. . FlynnNew York Court of Appeals · 1907
  3. Purcell v. DalyCity of New York Municipal Court · 1886

3Cited by5 opinions

  1. Shubert v. Nixon Amusement Co.Supreme Court of New Jersey · 1912
  2. Levine v. Brooklyn National League Baseball Club, Inc.New York Supreme Court · 1942
  3. Woolcott v. ShubertNew York Supreme Court · 1915
  4. Schafer v. RickardNew York City Court · 1928
  5. Woollcott v. ShubertAppellate Division of the Supreme Court of the State of New York · 1915

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