Tootle Theatre Co. v. Shubert Theatrical Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Shubert Theatrical 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 31st day of January, 1916, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the same day denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Davis, J.:
In this case a verdict was directed for the plaintiff and judgment entered thereon for $15,694.04. Exception was taken to the direction and the court’s action in that regard is here for review.
The complaint sets up two causes of action. The first cause of action is on a judgment obtained in Missouri by plaintiff against the defendant for $4,000, the amount of installments of rent due for the months of March, April, May, June, July and August, 1913, under a written lease of the Tootle’s Theatre, St. Joseph, Mo. The second cause of action was for $10,000, the amount of rental due from…
2Cases cited3 opinions
- Dollard v. . RobertsNew York Court of Appeals · 1891
- Thomas v. . NelsonNew York Court of Appeals · 1877
- Frank v. SimonAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by4 opinions
- Gotlieb v. Taco Bell Corp.District Court, E.D. New York · 1994
- Gorlin v. Hrvatsky Publishing Co.Appellate Terms of the Supreme Court of New York · 1926
- Hadcock v. SoslowAppellate Division of the Supreme Court of the State of New York · 1939
- Jay-Ess Realty Co. v. RusinovaCivil Court of the City of New York · 2004