April 17, 1919. Alexander A. Mayper of counsel [ Isidor Bayer with him on the brief; Mayper Boochever, attorneys], for the appellant. Lawrence I. Gerber, for the respondent. SHEARN, J.: The Film Amusement Company, Inc., was incorporated under the laws of the State of New York on January 25, 1913, and the purposes of the corporation as stated in the certificate are: "To own, operate and conduct and manage a theatre or place of amusement; to own, manage, conduct or operate theatrical performances;