Smith v. Wilcox
New York Supreme Court
APPEAL from a judgment rendered at a special term. The plaintiffs were the proprietors and publishers of a newspaper, in the city of New York, styled “ The Sunday Courier.”
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APPEAL from a judgment rendered at a special term. The plaintiffs were the proprietors and publishers of a newspaper, in the city of New York, styled “ The Sunday Courier.” The respondents, partners in trade, doing business in the city of Albany, under the name of Wilcox &■ Co., agreed to pay the plaintiffs the sum of ninety dollars for the publication of a certain advertisement in their said paper for the period of six months; which advertisement was duly published, pursuant to agreement, and the publication admitted by the respondents. Nothing in the case showed the character of the…
1Opinion of the Court
By the Court, Mitchell, P. J.
The evidence shows that the plaintiffs published the “ Sunday Courier,” a newspaper which went to press about 10 o’clock on Saturday night, and was ready to be issued between 2 and 4 o’clock on Sunday morning; *344and that it was issued and sold at the plaintiffs’ office on Sunday, and on that day only. The plaintiffs had published an advertisement for the defendants, in that paper, for six months, and sued for §90, the contract price for this work.
[New York General Term, September 14, 1857.
The statute for the observance of Sunday prohibits servile labor, and the sale…
2Cited by1 opinion
- Merritt v. EarleNew York Supreme Court · 1859