Appellate Terms of the Supreme Court of New York February 14, 1916 (Beckett v. Pfaeffle)

PER CURIAM.

The actions were to recover for a violation of section 40 of the Civil Rights Law of the state of New York. Plaintiffs testified that they went into defendant’s restaurant, ordered some tea, coffee, and charlotte russe, and were informed by the waitress that there were no charlotte russes left. Thereupon plaintiffs ordered tea and cake instead.