American Store Equipment & Construction Corp. v. Jack Dempsey's Punch Bowl, Inc.
New York Supreme Court
1Opinion of the CourtBosenman, J.
The principles and precedents with respect to the effect of statutory licensing provisions upon actions for compensation for services rendered by unlicensed plaintiffs have been discussed by me in Shorten v. Milbank (170 Misc. 905; affd., 256 App. Div. 1069). The question to be determined is whether an agreement by one who is not licensed but who should be licensed according to statute, is merely malum prohibitum so that a recovery thereon may be permitted; or whether it is of such illegality that public policy will actually ban any recovery thereon even though the unlicensed party has…
2Cases cited6 opinions
- Sturm v. TrubyAppellate Division of the Supreme Court of the State of New York · 1935
- Shorten v. MilbankNew York Supreme Court · 1939
- Metz v. Woodward-Brown Realty Co.Appellate Division of the Supreme Court of the State of New York · 1918
- Shorten v. MilbankAppellate Division of the Supreme Court of the State of New York · 1939
- John v. Dinan Co.Appellate Terms of the Supreme Court of New York · 1928
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Charlebois v. J.M. Weller Associates, Inc.New York Court of Appeals · 1988
- Dick Weatherston's Associated Mechanical Services, Inc. v. Minnesota Mutual Life InsuranceSupreme Court of Minnesota · 1960
- Rasa Engineering Corp. v. DaubónSupreme Court of Puerto Rico · 1962
- Food Management, Inc. v. Blue Ribbon Beef Pack, Inc., Blue Ribbon Beef Pack, Inc. v. Food Management, Inc.Court of Appeals for the Eighth Circuit · 1969
- Clark v. EadsCourt of Appeals of Texas · 1942
15 more not listed; retrieve them via the Exa API.