Ferree v. Wilson
New York Court of Common Pleas
Appeal from city court, general term. Action on a contract by Samuel P. Ferree against James G. Wilson. From a judgment of the general term of the city court, reversing a judgment for plaintiff entered on the verdict of a jury, and reversing the order denying defendant’s motion for a new trial, and ordering a new trial, plaintiff appeals.
1Opinion of the CourtDaly, C. J.
The question discussed in the trial court was whether the plaintiff was bound, under his contract with the defendant, to publish the advertisement for six months or seven months; that is to say, whether there was but one agreement to publish, from October 1, 1888, to April 1, 1889, or two agreements, one for October and another for six months thereafter. The advertisement was actually published for six months preceding April 1, 1889, and no more; and the general term of the city court set aside a verdict for plaintiff upon the ground that the true construction of the writings between the…
2Cases cited3 opinions
- Phillips & Colby Construction Co. v. SeymourSupreme Court of the United States · 1876
- Canal Co. v. GordonSupreme Court of the United States · 1868
- Flaherty v. . MinerNew York Court of Appeals · 1890
3Cited by1 opinion
- New Publication Co. v. SternAppellate Terms of the Supreme Court of New York · 1911