Newhall v. . Appleton
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city and county of Hew York, entered upon an order made February 8, 1887, which affirmed a judgment in favor of the plaintiff, entered upon the report of a referee. The nature of the action and the material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Superior Court of the city and county of Hew York, entered upon an order made February 8, 1887, which affirmed a judgment in favor of the plaintiff, entered upon the report of a referee. The nature of the action and the material facts are stated in the opinion. Th e defendants having pleaded express contract only, and not alleging any custom or trade meaning to affect it in any way, were properly not allowed to ask their own witnesses if the term, “ so much an order,” or “ four dollars for every order,” has a settled meaning in the business in…
1Opinion of the CourtParker, J.
This action was brought to recover upon a contract for obtaining subscriptions to certain publications known as the “ American Encyclopedia,” “ Picturesque Europe,” and “ Turner’s Gallery.” The complaint contained averment of a contract by defendants to pay the plaintiff “ fifteen dollars for each and every order he obtained for said encyclopedia, and four dollars for each and every order he obtained for said other publications.” The answer admitted a contract to pay the plaintiff those sums upon the orders, under which five volumes of the encyclopedia and ten parts of each of the other…
2Cases cited3 opinions
- Walls v. . BaileyNew York Court of Appeals · 1872
- Dana v. . FiedlerNew York Court of Appeals · 1854
- Newhall v. . AppletonNew York Court of Appeals · 1886
3Cited by30 opinions
- Division of the Triple T Service, Inc. v. Mobil Oil Corp.Appellate Division of the Supreme Court of the State of New York · 1969
- Trustees of the Freeholders & Commonalty of Southampton v. JessupNew York Court of Appeals · 1903
- Underwood v. . Greenwich Ins. Co.New York Court of Appeals · 1900
- Oswego Falls Pulp & Paper Co. v. Stecher Lithographic Co.New York Court of Appeals · 1915
- Cream of Wheat Co. v. . Crist Co.New York Court of Appeals · 1918
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