Central New York Telephone and Telegraph Co. v. Averill

New York Court of Appeals

Central New York Telephone and Telegraph Co. v. Averill

92 N.E. 1084, 199 N.Y. 525, 1910 N.Y. LEXIS 1284

DecidedJune 14, 1910

StatusPublished

This text of 92 N.E. 1084 (Central New York Telephone and Telegraph Co. v. Averill) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Central New York Telephone and Telegraph Co. v. Averill, 92 N.E. 1084, 199 N.Y. 525, 1910 N.Y. LEXIS 1284 (N.Y. 1910).

Pincite

Opinion

Willard Bartlett, J.

This is an action at law to recover the sum of $1,659 for rentals by the plaintiff corporation for telephone service rendered to the defendants under a contract which is the subject of consideration in an equity suit between the same parties decided herewith. The conclusion reached in that case that the exclusive clause of the contract in controversy does not invalidate the other portions of the agreement disposes of all the questions raised upon the appeal in the present action.

The order of the Appellate Division in this case should, therefore, be affirmed, with costs, and judgment absolute directed against the defendants.

Cullen, Ch. J., Haight, Hiscook and Chase, JJ., concur; Gray, J., concurs in result.

Judgment affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

Willard Bartlett, J.

This is an action at law to recover the sum of $1,659 for rentals by the plaintiff corporation for telephone service rendered to the defendants under a contract which is the subject of consideration in an equity suit between the same parties decided herewith. The conclusion reached in that case that the exclusive clause of the contract in controversy does not invalidate the other portions of the agreement disposes of all the questions raised upon the appeal in the present action.

The order of the Appellate Division in this case should, therefore, be affirmed, with costs, and judgment absolute directed against the defendants.

Cullen, Ch. J., Haight, Hiscook and Chase, JJ., concur; Gray, J., concurs in result.

Judgment affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

92 N.E. 1084, 199 N.Y. 525, 1910 N.Y. LEXIS 1284, Counsel Stack Legal Research, https://law.counselstack.com/opinion/central-new-york-telephone-and-telegraph-co-v-averill-ny-1910.