Legal Opinion

Shaw's Jewelry Shop, Inc. v. New York Herald Co.

Appellate Division of the Supreme Court of the State of New York

Decided December 30, 1915PublishedCited by 11 opinions

Appeal by the defendant, New York Herald Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 9th day of February, 1915, upon the decision of the court after a trial at the New York Special Term, and also from an order entered in said clerk’s office on the 6th day of February, 1915, ordering that forty-nine dollars paid by plaintiff for a transcript of the stenographer’s minutes furnished…

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Appeal by the defendant, New York Herald Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 9th day of February, 1915, upon the decision of the court after a trial at the New York Special Term, and also from an order entered in said clerk’s office on the 6th day of February, 1915, ordering that forty-nine dollars paid by plaintiff for a transcript of the stenographer’s minutes furnished to the court be taxed as a necessary disbursement.

1Opinion of the Court

McLaughlin, J.:

In October, 1911, and from then to and including the time of the trial of this action plaintiff was the lessee of a store and basement at No. 1341 Broadway in the city of New York, where it did a retail business in jewelry and novelties. The defendant, which publishes the New York Herald and Evening Telegram, then and at the time of the trial occupied a building on the easterly side of Broadway, opposite plaintiff’s store. In October, 1911, 1912 and 1913 the defendant operated on the westerly wall of its building, opposite plaintiff’s store, a contrivance designated in the…

2Cases cited8 opinions

  1. Brightson v. H. B. Claflin Co.New York Court of Appeals · 1904
  2. Van Allen v. New York Elevated RailroadNew York Court of Appeals · 1894
  3. Bates v. HolbrookAppellate Division of the Supreme Court of the State of New York · 1904
  4. St. John v. MayorThe Superior Court of New York City · 1857
  5. Sweet v. MarshAppellate Division of the Supreme Court of the State of New York · 1909

3 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. City of New York v. A-1 Jewelry & Pawn, Inc.District Court, E.D. New York · 2007
  2. National Ass'n for the Advancement of Colored People v. Acusport, Inc.District Court, E.D. New York · 2003
  3. NAACP v. AcuSport, Inc.District Court, E.D. New York · 2003
  4. City of New York v. Beretta U.S.A. Corp.District Court, E.D. New York · 2004
  5. McNeil v. CobbAppellate Division of the Supreme Court of the State of New York · 1919

6 more not listed; retrieve them via the Exa API.

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