Legal Opinion

Alfred Marks Realty Co. v. Hotel Hermitage Co.

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

Decided December 10, 1915PublishedCited by 17 opinions

Appeal by the defendant, Hotel Hermitage Company, from an order and determination of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of Kings on the 27th day of May, 1915, affirming a judgment of the Municipal Court of the City of New York, Borough of Brooklyn, First District, in plaintiff’s favor. An appeal is also taken from said judgment so affirmed.

1Opinion of the Court

Putnam, J.:

This appeal is from an affirmance of a judgment for plaintiff. In January, 1914, defendant contracted with plaintiff’s assignor, the International Yacht Publishing Company, for insertion of its advertisement in a “ Souvenir and Program of International Yacht Races,” for which defendant agreed to pay “ upon publication and- delivery of one copy of the same.”

These books, priced at twenty-five cents, were to serve as an advertising medium. In the early part of August some of the books were printed and bound with defendant’s hotel advertisement opposite the picture of a yacht. About…

2Cases cited2 opinions

  1. Lorillard v. . ClydeNew York Court of Appeals · 1894
  2. Alfred Marks Realty Co. v. ChurchillsAppellate Terms of the Supreme Court of New York · 1915

3Cited by17 opinions

  1. Lloyd v. MurphyCalifornia Supreme Court · 1944
  2. 407 East 61st Garage, Inc. v. Savoy Fifth Avenue Corp.New York Court of Appeals · 1968
  3. United States v. General Douglas MacArthur Senior Village, Inc., D.C.R. Holding Corp.Court of Appeals for the Second Circuit · 1974
  4. Howard v. NicholsonMissouri Court of Appeals · 1977
  5. VJK Productions, Inc. v. Friedman/Meyer Productions, Inc.District Court, S.D. New York · 1983

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