Chase v. Second Avenue Railroad
The Superior Court of New York City
Appeal by plaintiff from judgment dismissing complaint, entered upon decision of judge at trial term, a jury having been waived. The plaintiff and defendant entered into a contrac t in writing, whereby the defendant was to allow the plaintiff to place certain advertisements in the cars of the company, for two years, to end on December 30, 1878, and the plaintiff was to pay $100 monthly.
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Appeal by plaintiff from judgment dismissing complaint, entered upon decision of judge at trial term, a jury having been waived. The plaintiff and defendant entered into a contrac t in writing, whereby the defendant was to allow the plaintiff to place certain advertisements in the cars of the company, for two years, to end on December 30, 1878, and the plaintiff was to pay $100 monthly. The parties proceeded under the contract down to December 30, 1878. The plaintiff testified on the trial that at the time of making the contract, he informed the officers of the defendant that his business was…
1DissentHorace Russell, J.
[Dissenting.]—I find myself *224unable to agree to the conclusion reached by the learned chief judge. It seems to me he magnifies the importance of the plaintiff’s opinion that a contract for less than two years would be of no value to him. I cannot think that the rights of the parties are to be determined by any such consideration, or that, because we cannot give, the plaintiff all he asks, we should, therefore, give him nothing.
The question is, as it seems to me, what contract, if any, arose by implication from the fact that after the termination of the time agreed upon, the plaintiff continued…
2Cases cited8 opinions
- Schuyler v. . SmithNew York Court of Appeals · 1873
- Reeder v. . SayreNew York Court of Appeals · 1877
- Pugsley v. . AikinNew York Court of Appeals · 1854
- Sherwood v. PhillipsNew York Supreme Court · 1835
- Prindle v. AndersonNew York Supreme Court · 1838
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