McSorley v. Faulkner
New York Court of Common Pleas
Appeal from eleventh district court. Action by Alexander McSorley against James A. Faulkner and another upon an implied promise to pay for the use of a telephone. Judgment for plaintiff. Defendants appeal.
1Opinion of the CourtDaly, C. J.
Upon the former appeal in this action it was held by the general term of this court that the plaintiff was not entitled to recover upon the. facts then shown, viz.: That the plaintiff sold to defendants the business conducted by him at 1151 Ifinth avenue; that in the premises at the time of-the sale was a telephone, which had been previously placed there by the Metropolitan Telephone & Telegraph Company under a contract with the plaintiff, by which he was to pay monthly for its use for a stated period, not then expired; that after defendants went into possession the telephone remained in the…
2Cases cited11 opinions
- City of Albany v. . McNamaraNew York Court of Appeals · 1889
- Collyer v. . CollyerNew York Court of Appeals · 1889
- First National Bank of Ballston Spa v. Board of SupervisorsNew York Court of Appeals · 1887
- In re Curtis' WillNew York Supreme Court · 1891
- Ulmer v. FarnsworthSupreme Judicial Court of Maine · 1888
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