Alfred Marks Realty Co. v. Churchills
Appellate Terms of the Supreme Court of New York
Appeal by defendant from a judgment of the Municipal Court of the city of New York, borough of Manhattan, third district, in favor of plaintiff, after a trial by a judge without a jury.
1Opinion of the CourtBijur, J.
The question in this case is one of law. Defendant contracted with the plaintiff to pay for the insertion of its advertisement, the contract reading: “To International Yacht Publishing Co. * * * Publishers of Souvenir and Program of International Yacht Races.” Payment was to be made “ upon publication and delivery of one copy of the same.” The international yacht races referred to were those of September, 1914, which were officially called off because of the European conflict.
Although two cases involving the same issue have already been decided adversely to the respondent in the Appellate…
2Cases cited2 opinions
- Lorillard v. . ClydeNew York Court of Appeals · 1894
- Abbaye v. The United States Motor Cab Co.New York Supreme Court · 1911
3Cited by7 opinions
- Fischer v. KennedySupreme Court of Connecticut · 1927
- Alfred Marks Realty Co. v. Hotel Hermitage Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Clark v. FitzgeraldNew York Supreme Court · 1949
- Patch v. Solar CorporationCourt of Appeals for the Seventh Circuit · 1945
- Retail Merchant's Business Expansion Co. v. RandallSupreme Court of Vermont · 1931
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