New Publication Co. v. Stern
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, First District. Actions by the New Publication Company against Elias M. Stern and another, doing business as the U. S. Tire Company, and against Louis Zeisler, doing business as the Excelsior Tire Company. From judgments in each case for defendant on a directed verdict, plaintiff appeals.
1Opinion of the CourtDelany, J.
The above-entitled causes were tried together; the main facts being the same as to both defendants. The actions were brought, after alleged breaches of contract by the defendants, to recover the agreed price or value of inserting certain advertisements of defendants’ wares in plaintiff’s monthly publication. At the close of the case each party asked for the direction of a verdict, and the court gave judgment for the defendants. The plaintiff appeals therefrom to this court.
The essential facts are as follows: The plaintiff entered into an agreement with each of the defendants which reads:
“You…
2Cases cited7 opinions
- Flaherty v. . MinerNew York Court of Appeals · 1890
- Strack v. HurdNew York Supreme Court · 1891
- Penniman v. La GrangeAppellate Terms of the Supreme Court of New York · 1898
- Strack v. HurdNew York Supreme Court · 1892
- Ferree v. WilsonNew York Court of Common Pleas · 1892
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