Brooklyn Distilling Co. v. Standard Distilling & Distributing Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the .Supreme Court in the first judicial department entered June 29, 1907, affirming a judgment in favor of plaintiff entered upon the decision of the court ata Trial Term, a jury having been waived. The nature of the action and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from a judgment of the Appellate Division of the .Supreme Court in the first judicial department entered June 29, 1907, affirming a judgment in favor of plaintiff entered upon the decision of the court ata Trial Term, a jury having been waived. The nature of the action and the facts, so far as material, are stated in the opinion. The lease in suit, while innocent on its face, was made in furtherance of an unlawful purpose, known to both parties, and is, therefore, unenforceable. (Tracey v. Talmage, 14 N. Y. 162; Hull v. Ruggles, 56 N. Y. 424; U. S. v. A. P. & S. Co., 85 Fed. Rep. 271;…
1Opinion of the CourtWillard Bartlett, J.
This is an action to recover rent claimed to be due under a three years’ lease of the plaintiffs distillery premises in the borough of Brooklyn, executed on the 28th day of June, 1898. The defendant entered into possession of the property and paid the installments of rent due thereon until Uovember 1, 1899, since which date it has refused to pay on the ground that the lease was made in furtherance of a plan to create a monopoly, and was, therefore, contrary to public policy and not enforceable in law. This was the sole defense relied upon on the trial, and is the sole defense presented for…
2Cases cited1 opinion
- Benedict v. . ArnouxNew York Court of Appeals · 1898
3Cited by15 opinions
- Boston Five Cents Savings Bank v. BrooksMassachusetts Supreme Judicial Court · 1941
- Carlisle v. . NorrisNew York Court of Appeals · 1915
- Jacobus v. . Jamestown Mantel Co.New York Court of Appeals · 1914
- Credit Alliance Corp. v. Sheridan Theatre Co.New York Court of Appeals · 1925
- People v. KirkupNew York Court of Appeals · 1958
10 more not listed; retrieve them via the Exa API.