Rose v. New York Telephone Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Second District. Action by Fanny Rose and another against the New York Telephone Company to recover the amount of a statutory penalty. Judgment for plaintiffs, and defendant appeals.
1Opinion of the CourtBijur, J.
[1] It is quite true that the failure to credit plaintiff with the amount of his July check may have been due only to an oversight or bookkeeping error, although the testimony on that point might warrant a finding of bad faith; but, whatever it was, it was rectified as the result of a visit of the plaintiff on August 5th. The discontinuance of the service on August 25th may have been the result of a second error, namely, failure to note the correction of the first error. But from August 25th until September 2d plaintiff so diligently and so conclusively and overwhelmingly demonstrated to any…
2Cases cited4 opinions
- Pollard v. Missouri & Kansas Telephone Co.Missouri Court of Appeals · 1905
- In re Baldwinsville Telephone Co.New York Supreme Court · 1898
- Saltzburg v. Utica Home Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Kevand v. New York Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1913
3Cited by1 opinion
- Harbaugh v. Citizens Telephone Co.Michigan Supreme Court · 1916