Shedlinsky v. . Budweiser Brewing Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered Hay-24, 1897, affirming a judgment in .favor of plaintiff entered upon a verdict directed by the court. Plaintiff leased to defendant for the term of three years certain premises in the city of Rew York, with the latter’s covenant to use the same only for a liquor saloon. The action was brought to recover for certain installments of rent under the lease.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered Hay-24, 1897, affirming a judgment in .favor of plaintiff entered upon a verdict directed by the court. Plaintiff leased to defendant for the term of three years certain premises in the city of Rew York, with the latter’s covenant to use the same only for a liquor saloon. The action was brought to recover for certain installments of rent under the lease. The defense was that the demised premises were within 200 feet of a grammar school and, therefore, that the lease was in violation…
1Opinion of the CourtGray, J.
I think the judgment is right. It is a generally accepted rule that when a contract is to do a thing, which cannot be performed without the violation of the law, it is void ; but when it may be performed lawfully, as well as in violation of the law, it is valid; in the absence, at least, of proof that the intention of both parties was that the law should be violated. The construction of a contract should be, when it is possible, in favor of its legality. (Co. Litt. 42, 183; Shore v. Wilson, 9 Clark & Fin. at p. 397; Lorillard v. Clyde, 86 N. Y. 384.)
A lease, valid, as this was, upon its face,…
2Cases cited1 opinion
- Lorillard v. . ClydeNew York Court of Appeals · 1881
3Cited by38 opinions
- Weil v. NearySupreme Court of the United States · 1929
- Manson v. . CurtisNew York Court of Appeals · 1918
- In Re the Arbitration Between Western Union Telegraph Co. & American Communications Ass'nNew York Court of Appeals · 1949
- Gaston v. GordonMassachusetts Supreme Judicial Court · 1911
- Nussenbaum v. Chambers & Chambers Inc.Massachusetts Supreme Judicial Court · 1948
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