Marconi Wireless Telegraph Co. of America v. Universal Transportation Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Marconi Wireless Telegraph Company of America, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 14th day of April, 1920, upon the decision of the court rendered after a trial at the New York Trial Term, a jury having been waived, dismissing the complaint, and also from an order entered in said clerk’s office on the 5th day of May, 1920, denying the plaintiff’s motion…
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Appeal by the plaintiff, Marconi Wireless Telegraph Company of America, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 14th day of April, 1920, upon the decision of the court rendered after a trial at the New York Trial Term, a jury having been waived, dismissing the complaint, and also from an order entered in said clerk’s office on the 5th day of May, 1920, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Page, J.:
There is no controversy as to the facts in this case. On April 9, 1917, the plaintiff entered into a contract in writing *273whereby the plaintiff agreed to equip the steamship Hilonian, belonging to the defendant, with its system of wireless telegraphy and furnish an operator for the term of two and one-half years. The defendant agreed to pay as rental for the apparatus $100 per month, and for the services of the operator $50 per month, and it was further agreed that “ the wireless apparatus shall be insured by the steamship company in favor of the Marconi Company in the sum of $2,000…
2Cases cited3 opinions
- Jacksonville, Mayport, Pablo Railway & Navigation Co. v. HooperSupreme Court of the United States · 1896
- Franck v. StoutWisconsin Supreme Court · 1909
- National Mahaiwe Bank v. HandNew York Supreme Court · 1894
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- Carnegie Hall Corp. v. City UniversityAppellate Division of the Supreme Court of the State of New York · 2001
- Inchaustegui v. 666 5th Avenue Ltd. PartnershipAppellate Division of the Supreme Court of the State of New York · 2000
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