Weller v. New York, 268 U.S. 319 (1925)

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Weller v. New York


No. 349


Argued April 28, 29, 1925
Decided May 25, 1925
268 U.S. 319

ERROR TO THE COURT OF SPECIAL SESSIONS
OF THE CITY OF NEW YORK, STATE OF NEW YORK

Syllabus

1. A state law forbidding and penalizing the engaging without a license in the business of reselling theater tickets does not violate the Fourteenth Amendment. P. 325.

2. The provisions of the New York General Business Law, as amended, c. 590, 1922, requiring theater ticket brokers to give bond and obtain a license are separable and workable apart from those restricting the price at which the tickets may be resold, so that the validity of the former is independent of the validity of the latter. Id.

207 App.Div.N.Y. 337, 237 N.Y. 316, affirmed.

Error to a judgment of the Court of Special Sessions of the City of New York adjudging the plaintiff in error guilty of reselling theater tickets without a license, entered after successive affirmances by the Supreme Court, Appellate Division, and the Court of Appeals.