Brinkman v. Eisler
City of New York Municipal Court
Appeal from trial term. Action by Sebastian G. Brinkman, plaintiff, against Henry S. Eisler, defendant, to recover for work, labor, and materials furnished for the erection of an awning in front of defendant’s premises, prohibited by a city ordinance. From a judgment for defendant, plaintiff appeals.
1Opinion of the CourtEhrlich, C. J.
We agree with the learned judge who tried the cause that where a person agrees to do an unlawful act, and incurs expense, he cannot recover, either on the illegal contract or for a quantum meruit, for the law leaves the parties where they place themselves. The authorities hold that a structure such as the plaintiff undertook to erect is illegal and in the nature of a nuisance. See Trenor v. Jackson, 15 Abb. Pr. (N. S.) 115; and on the subject, generally, see Telegraph Co. v. Hess, 125 N. Y. 641, 26 N. E. Rep. 919; Lahr v. Railroad Co., 104 N. Y. 268, 10 N. E. Rep. 528; Story v. Railroad Co.,…
2Cases cited17 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Lahr v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1887
- Callanan v. . GilmanNew York Court of Appeals · 1887
- Cohen v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1889
- Clifford v. . DamNew York Court of Appeals · 1880
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3Cited by1 opinion
- Cole v. Brown-Hurley Hardware Co.Supreme Court of Iowa · 1908