Legal Opinion

Rague v. New York Evening Journal Publishing Co.

Appellate Division of the Supreme Court of the State of New York

Decided October 30, 1914PublishedCited by 9 opinions

Appeal by the plaintiff, William J. Bague, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Bichmond on the 24th day of October, 1913, denying plaintiff’s motion for judgment on the pleadings.

1Opinion of the Court

Thomas, J.:

The plaintiff was earning twenty-one dollars per week from the sale and distribution of the Evening Telegram. The defendant requested him to discontinue the distribution with an offer to pay him therefor ten dollars and fifty cents per week as long as he abstained from such sale and distribution. The plaintiff, induced thereby, relinquished the same and has not resumed it. The defendant for several months paid the sum stipulated, and then declined further payment. The contract by its terms was not within the Statute of Frauds with reference to its completion within one year. [Kent…

2Cases cited7 opinions

  1. East Line & Red River Railroad v. ScottTexas Supreme Court · 1888
  2. Pennsylvania Co. v. DolanIndiana Court of Appeals · 1892
  3. Kent v. . KentNew York Court of Appeals · 1875
  4. Harrington v. Kansas City Cable Railway Co.Missouri Court of Appeals · 1895
  5. Carter White Lead Co. v. KinlinNebraska Supreme Court · 1896

2 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Arentz v. Morse Dry Dock & Repair Co.New York Court of Appeals · 1928
  2. Howard Farmer v. Arabian American Oil Company (A Delaware Corporation)Court of Appeals for the Second Circuit · 1960
  3. McGurren v. City of FargoNorth Dakota Supreme Court · 1954
  4. Heaman v. E. N. Rowell Co.Appellate Division of the Supreme Court of the State of New York · 1932
  5. De Paola v. GreenspanNew York Supreme Court · 1938

4 more not listed; retrieve them via the Exa API.

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