Johnson v. Western Union Telegraph Co.

The majority opinion of the Court of Appeals on the appeal from the prior judgment in this action (293 N. Y. 379, 387, 388) specifically states that a retrial was ordered only because certain affirmative defenses such as the Statute of Limitations and ratification had not been passed upon by the courts below and “ cannot be passed on by us now.” In the preceding portion of the opinion the court had indicated its views as to the validity of the claims asserted by plaintiff. It had (1) upheld the latter’s contention that under the 1881 lease Western Union was obligated to pay the income taxes…