Stephens v. Howe
The Superior Court of New York City
Appeal from judgment entered on referee’s report. Action to recover for the publication of certain advertisements in newspapers printed and published in the island of Cuba.
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Appeal from judgment entered on referee’s report. Action to recover for the publication of certain advertisements in newspapers printed and published in the island of Cuba. The complaint alleged, that the defendants employed and directed the plaintiff to publish certain advertisements, of certain preparations and merchandise, of which the defendants had an interest, or were the owners, in certain newspapers published in the island of Cuba, for which they were to pay the sum of nine cents per line for each insertion. That the plaintiff caused such advertisements to be published, the same…
1Opinion of the Court
By the Court.—Monell, J.
The contract in this case was in the alternative, to pay five and a half cents in gold coin, or nine cents in currency. The defendants had the option, at any time before default, to pay in either kind of money.
But if, within the proper time, they had failed to ■ exercise the option, they would have lost the right of election, and the plaintiff could have elected for himself. The rule is, that if a party is bound to make an election, by performing one or other alternative by a certain time, and suffers the day to pass, without performing either, he loses his election,…
2Cases cited1 opinion
- Quinn v. LloydThe Superior Court of New York City · 1869