Postal Telegraph-Cable Co. v. Associated Press
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Associated Press, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 12th day of July, 1916, sustaining plaintiff’s demurrer to four affirmative defenses set up in the answer. This action is to recover installments due upon eleven contracts made with the defendant. Seven of these contracts are set forth at length in exhibits annexed to the complaint.
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Appeal by the defendant, The Associated Press, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 12th day of July, 1916, sustaining plaintiff’s demurrer to four affirmative defenses set up in the answer. This action is to recover installments due upon eleven contracts made with the defendant. Seven of these contracts are set forth at length in exhibits annexed to the complaint. Four of the contracts are dated in 1912, two in 1914 and one in 1915. Plaintiff demurs to matters set up in the 6 th paragraph…
1Opinion of the Court
Smith, J.:
The first contention of the plaintiff is that the Interstate Commerce Act does not require equality of service in the leasing of the wire circuits, hut simply in the sending of messages by the plaintiff itself over its wires. By section 1 of the Interstate Commerce Act it is provided that the provisions of the act shall apply to telegraph, telephone and cable companies engaged in sending messages from one State, territory or district of the United States to another State, territory or district of the United States, “who shall be considered and held to be common carriers within the…
2Cases cited3 opinions
- Western Union Telegraph Co. v. Call Publishing Co.Supreme Court of the United States · 1901
- Lockhart v. . HamlinNew York Court of Appeals · 1907
- Clapp v. SchausAppellate Division of the Supreme Court of the State of New York · 1913
3Cited by4 opinions
- Postal Telegraph-Cable Co. v. Associated PressAppellate Division of the Supreme Court of the State of New York · 1916
- Postal Telegraph-Cable Co. v. Associated PressAppellate Division of the Supreme Court of the State of New York · 1918
- Postal Telegraph-Cable Co. v. Associated PressAppellate Division of the Supreme Court of the State of New York · 1916
- Postal Telegraph-Cable Co. v. Associated PressAppellate Division of the Supreme Court of the State of New York · 1918