Strong v. Campbell
New York Supreme Court
Demurrer to declaration. The declaration alledged that on the first day of December, 1847, the defendant was postmaster at the city of Rochester, and as such it became and was his duty, by force of the statute in such case made and provided, to advertise letters uncalled for at his office in the newspaper published at Rochester having the largest circulation; that there was at that time in said office a large number of letters uncalled for, which it was the duty of the…
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Demurrer to declaration. The declaration alledged that on the first day of December, 1847, the defendant was postmaster at the city of Rochester, and as such it became and was his duty, by force of the statute in such case made and provided, to advertise letters uncalled for at his office in the newspaper published at Rochester having the largest circulation; that there was at that time in said office a large number of letters uncalled for, which it was the duty of the defendant to advertise. That the plaintiffs then were, and ever since have been, the publishers and proprietors of a…
1Opinion of the Court
By the Court,
Johnson, J.
I have not deemed it necessary to examine the questions raised as to the sufficiency of the averments in the declaration conceding the action to be maintainable, because in my judgment there is no foundation whatever in law for an action, under any conceivable state of pleading, for such a cause. I think no case or precedent can any where be found which gives it the least countenance or support. This of itself would afford a very strong presumption against the right of action. But the position does not rest upon mere negative inferences. The authorities, I apprehend,…
2Cited by11 opinions
- Colorado Pav. Co. v. MurphyCourt of Appeals for the Eighth Circuit · 1897
- Molloy v. . City of New RochelleNew York Court of Appeals · 1910
- Quintano v. Industrial CommissionSupreme Court of Colorado · 1972
- Talbot Paving Co. v. City of DetroitMichigan Supreme Court · 1896
- State ex rel. Travellers Insurance v. HarrisIndiana Supreme Court · 1883
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