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| The early 1920's
saw the Court dealing with the aftermath of World War
I.
Those post-war years led to dramatic changes in all
aspects of American life, but presented new uncertainties
for those having business with European concerns. One
leading case involved a
suit by a French company against a transatlantic cargo
shipper who had refused to fulfill a contract during
wartime because of the hazardous conditions at sea crated
by those hostile Germany navy. The Appellate Division
held that the shipping company had the right to discontinue
activities in view of the wartime peril.
In another case concerning the validity of pre-war
sale of German war bonds, the Court held that the sale
was not voided, only suspended, during the war. And
in a case brought by the Russian Socialist Federated
Soviet Republic in 1921, the Court ruled that the plaintiff
Republic had no right to sue because it was not recognized
in this country as a sovereign state.
The 1920's were a vibrant period in the cultural life
of New York City, and the times are reflected in the
cases of the Appellate Division. By that time, in the
entertainment world, vaudeville
had begun its decline, though Sundry cases involving
everything from contract disputes to lost costume trunks
passed through the Court. The Jazz Age was well under
way, and “Tin Pan Alley,” as 28th street
came to be called, resonated with new and exciting music
just blocks from where the Appellate Division Justices
heard learned argument. |
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George L. Ingraham,
Presiding Justice
1910-1910
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John
Proctor Clarke,
Presiding Justice
1916-1926 |
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Victor
J. Dowling,
Presiding Justice
1927-1931 |
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Early in the century, the City had established itself
as a center for the new film-making industry; the “Keystone
Kops” and other favorites were a product of New
York studios. In the 1920's, film-makers were still
active in the City, and film stars such as Mary Pickford
and Douglas Fairbanks saw their business disputes resolved
in the Appellate Division.
The world of legitimate theater was also beginning
to thrive. In 1915, the Appellate Division affirmed
a decision which allowed the Schubert theaters to bar
drama critic Alexander Woolcott from all their theaters.
The Schuberts were angered because Woolcott, known for
his biting wit, had written a series of extremely critical
reviews for The New York Times.
By the 1920's, the “Blue Laws” that mandated
the Sunday closing of theaters were gone, and the Appellate
Division had put an end to the informal censorship powers
of the City’s Commissioner of
Licenses who had in the past revoked the licenses of
plays he considered “offensive.” The decade
saw New York nightlife at its height, despite the Prohibition
laws that resulted in the appearance of hundreds of
so-called “speakeasies,” illegal bars that
sold bootlegged liquor. Meanwhile, the Courts were left
to deal with the fate of business contracts drawn up
in good faith before the sale of liquor was made illegal.
Nineteen twenty-nine saw the great Wall Street Crash,
and the beginnings of the Depression. The following
year, 1930, also brought a new seriousness to the reform
movement in City life. In that year Samuel Seabury,
a former judge, was appointed by the Appellate Division
to lead a series of investigations into suspected corruption
in the New York Magistrate’s Courts and in other
aspects of municipal government. These investigations
ultimately resulted in decisions by the Appellate Division,
which dismissed those judges who had been involved in
the corruption. |
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Appellate Division, First Department,
circa 1925 — Left to right: Associate Justices
Francis Martin, Edward R. Finch, Victor J. Dowling,
Presiding Justice John Proctor Clarke, Associate Justices
Edgar S. K. Merrell, John V. McAvoy, William P. Burr.
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Appellate Division, First Department,
circa 1928 — Left to right: Associate Justices
James O'Malley, John V. McAvoy, Edgar S. K. Merrell,
Presiding Justice Victor J. Dowling, Associate Justices
Edward R. Finch, Francis Martin, Joseph M. Proskauer. |
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