Central New York Telephone & Telegraph Co. v. Averill
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 20, 1909, reversing a judgment in favor of defendants entered upon a decision of the court on trial at Special Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The exclusive clause of the contract is invalid because opposed to public policy.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 20, 1909, reversing a judgment in favor of defendants entered upon a decision of the court on trial at Special Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The exclusive clause of the contract is invalid because opposed to public policy. (Cohen v. B. J. E. Co., 166 N. Y. 292; Atchison v. Mallon, 43 N. Y. 147; Hackett Case, 105 Ind. 250; Smith v. G. & S. Tel. Co., 42 Hun, 454; People ex rel. v. H. R. Tel.…
1Opinion of the CourtWillard Bartlett, J.
This is a suit in equity for an injunction to restrain the defendants from permitting the introduction of any other telephone system except that furnished by the plaintiff corporation in the Yates Hotel in the city of Syracuse. On August 18, 1902, the parties entered into a written contract for the rendition of telephone service in the hotel by the plaintiff, including the maintenance of a private hotel telephone exchange therein for a period of nine years. The contract contained the ordinary subscriber’s agreement such as is in common use by telephone companies, but the only part which it is…
2Cases cited9 opinions
- Diamond Match Co. v. . RoeberNew York Court of Appeals · 1887
- Leslie v. . LorillardNew York Court of Appeals · 1888
- Lough v. . OuterbridgeNew York Court of Appeals · 1894
- West Virginia Transportation Co. v. Ohio River Pipe Line Co.West Virginia Supreme Court · 1883
- St. Louis & Cairo Railroad v. Postal Telegraph Co.Illinois Supreme Court · 1898
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3Cited by39 opinions
- In Re the Arbitration Between Western Union Telegraph Co. & American Communications Ass'nNew York Court of Appeals · 1949
- Suburban Water Co. v. Oakmont BoroughSupreme Court of Pennsylvania · 1920
- Saratoga State Waters Corp. v. . PrattNew York Court of Appeals · 1920
- Peoples Savings Bank v. County Dollar Corp.Appellate Division of the Supreme Court of the State of New York · 1974
- Essex Universal Corporation v. Herbert J. YatesCourt of Appeals for the Second Circuit · 1962
34 more not listed; retrieve them via the Exa API.