Trow v. Glen Cove Starch Co.
New York Court of Common Pleas
Appeal by the plaintiff from a judgment of the First District Court, dismissing the complaint. • The action was brought by the proprietor of the Few York City Directory, to recover the price of the insertion of two business advertisements in the Commercial Register annexed to bis Directory, one for thirty-five dollars, and the other for two dollars and a half.
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Appeal by the plaintiff from a judgment of the First District Court, dismissing the complaint. • The action was brought by the proprietor of the Few York City Directory, to recover the price of the insertion of two business advertisements in the Commercial Register annexed to bis Directory, one for thirty-five dollars, and the other for two dollars and a half. The complaint was in form for work and labor done by special agreement for thirty-seven dollars and a half, alleging non-payment, and claiming judgment for that amount. The grounds of the defence, and upon which the justice dismissed…
1Opinion of the Court
By the Court.
Daly, F. J.
The order signed by Duryea ■was the written contract by which the defendants became *281bound to pay thirty-five dollars for the insertion of their advertisement in the Directory, and any material alteration of the instrument afterwards, without their consent, discharged the defendants from all liability upon the written contract; and if the alteration was fraudulently made at the instance or with the knowledge of the party to be benefited' by the contract, it released the defendant also from all liability upon the consideration which may have been given in pursuance of…
2Cases cited2 opinions
- Malin v. MalinCourt for the Trial of Impeachments and Correction of Errors · 1828
- Jackson ex dem. Malin v. MalinNew York Supreme Court · 1818
3Cited by3 opinions
- Meyer v. . HunekeNew York Court of Appeals · 1874
- Oregon Steamship Co. v. OtisNew York Supreme Court · 1883
- Meyer v. HunekeNew York Court of Appeals · 1874