Postal Telegraph-Cable Co. v. Associated Press
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Postal Telegraph-Cable Company, from a judgment of the Supreme Court in its favor, entered in the office of the clerk of the county of New York on the 15th day of March, 1918, upon the decision of the court after a trial before the court, a jury having been waived.
1Dissent
Shearn, J. (dissenting):
The first cause of action is for rent of a telegraph wire between Omaha and San Francisco for the months of August, September and October, 1915, amounting to $16,861.26, pursuant to a written contract made August 1, 1912, under which contract the wire had been continuously operated until defendant’s refusal to pay the rental in suit. The defendant seeks *598to avoid its contract obligation by alleging that from August 1, 1915, to September 15, 1915, the plaintiff furnished similar telegraphic service to news agencies other than the defendant between points in different…
2Cases cited3 opinions
- Interstate Commerce Commission v. Baltimore & Ohio RailroadSupreme Court of the United States · 1892
- Western Union Telegraph Co. v. Call Publishing Co.Supreme Court of the United States · 1901
- Postal Telegraph-Cable Co. v. Associated PressAppellate Division of the Supreme Court of the State of New York · 1916