Shedlinsky v. . Budweiser Brewing Co.
Cases that cite this one
38 later published cases cite this decision. The 25 that cite it most often are listed here.
- St. Luke's House, Inc. v. DiGiulian (Md. 1975)
- P.C. Films Corp. v. Mgm/Ua Home Video Inc. (2d Cir. 1998)
- P.C. Films Corp. v. MGM/UA Home Video Inc. (2d Cir. 1998)
- Custer Environmental, Inc. v. 9305 Old Georgetown Road Partnership (Md. 1997)
- Rhodes v. Consumers' Buyline, Inc. (District Court, D. Massachusetts 1993)
- Entrepreneur, Ltd. v. Yasuna (D.C. 1985)
- Transportation v. Gunnison Mining Co. (Colo. 1964)
- Transportation v. Gunnison Mining Co. (Colo. 1964)
- Sachs Steel & Supply Co. v. St. Louis Auto Parts & Salvage Co. (Mo. Ct. App. 1959)
- Warshawsky v. American Automotive Products Co. (Ill. App. Ct. 1957)
- McNally v. Moser (Md. 1956)
- NMC Residual Ownership L.L.C. v. U.S. Bank N.A. (Appellate Division of the Supreme Court of New York 2017)
- Cece & Co. Ltd. v. U.S. Bank N.A. (Appellate Division of the Supreme Court of New York 2017)
- Cash Biz, LP, Redwood Financial, LLC, Cash Zone, LLC Dba Cash Biz v. Hiawatha Henry, Addie Harris, Montray Norris, and Roosevelt Coleman Jr. (Tex. App. 2015)
- Toffler v. Pokorny (New York Supreme Court 1993)
- Chassman v. People Resources (Civil Court of the City of New York 1991)
- Hendler & Murray v. Lambert (Appellate Division of the Supreme Court of New York 1989)
- 305 East 24th Owners Corp. v. Parman Co. (Appellate Division of the Supreme Court of New York 1986)
- Mendelsohn v. A & D Catering Corp. (Appellate Division of the Supreme Court of New York 1984)
- Galuth Realty Corp. v. Greenfield (Appellate Division of the Supreme Court of New York 1984)
- Mendelsohn v. A & D Catering Corp. (New York Supreme Court 1983)
- East Coast Moving & Storage, Inc. v. Flappin (Civil Court of the City of New York 1974)
- Measday v. Sweazea (N.M. Ct. App. 1968)
- Blumenberg v. Neubecker (Appellate Division of the Supreme Court of New York 1962)
- In re the Arbitration Between Western Union Telegraph Co. & American Communications Ass'n (N.Y. 1949)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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, is not to be condemned as unlawful and, therefore, an unenforceable instrument, because the purpose for which the demised premises were to be used might, under certain circumstances, be within the prohibition of a statute. When the operation of the prohibition depends upon the proof and that is inconclusive upon the subject, then the obligation of the parties remains unaffected.
The presumption of a lawful intention must always prevail and the burden of overthrowing it is not met by him who asserts it by proof, which is quite consistent with a perfectly lawful purpose, however demonstrating that, if effectuated in a certain way, it would contravene the law. Here, as suggested below, it was not shown, and the evidence did not tend to show, that the lessor intended that the statute should be violated; or that no license ever could, possibly, be obtained by the lessee.
Hor did the evidence tend to show knowledge in the lessor that the lessee could not perform without violating the law.
The judgment should be affirmed, with costs.
Martin, Vann, Cullen and Werner, JJ., concur; Bartlett, J., concurs in result; Parker, Ch. J., not sitting.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.