De Kalb Holding Co. v. Madison Theatre Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, De Kalb Holding Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 28th day of March, 1914, dismissing the complaint upon the decision of the court after a trial at the Kings County Special Term.
1Opinion of the Court
Jenks, P. J.:
The recorded lease for 21 years of the De Kalb Avenue Theatre property, made by defendant to plaintiff’s assignor, contained a covenant that the De Kalb Avenue Theatre would not charge more than one dollar for an admission. The purpose of this covenant was to prevent competition by the said theatre with the Shubert Theatre in the field then occupied by the latter. The reason for the covenant is found in the recital in the lease that some of the stockholders of the lessor were stockholders in the Shubert Theatre, and did not wish conflict or competition between the two theatres.…
2Cases cited9 opinions
- Holland v. ChallenSupreme Court of the United States · 1884
- The New-York and New Haven R.R. v. . Schuyler, Cross, C.New York Court of Appeals · 1858
- Sharon v. TuckerSupreme Court of the United States · 1892
- Hamilton v. CummingsNew York Court of Chancery · 1815
- Ward v. . DeweyNew York Court of Appeals · 1858
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3Cited by3 opinions
- Warnock Uniform Co. v. GarifalosAppellate Division of the Supreme Court of the State of New York · 1915
- De Kalb Holding Co. v. Madison Theatre Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Elkhorn Valley Coal-Land Co. v. Empire Coal & Coke Co.Appellate Division of the Supreme Court of the State of New York · 1920