Eilert v. Gordon

Appellate Terms of the Supreme Court of New York

Eilert v. Gordon

121 N.Y.S. 604

Appellate Terms of the Supreme Court of New York·Decided March 10, 1910·Published

Opinion

PER CURIAM.

Plaintiff is the publisher of the Luther League Review. Defendant advertised therein. The contract was in the form of written authority, on a printed blank addressed to “the publishers of the Luther League Review,” accepted by printing the advertisement. The Review is owned by the "Luther League, an unincorporated re[605]*605ligious association said to have 80,000 members. We think that plaintiff was authorized to sue under Code Civ. Proc. § 449; Considerant v. Brisbane, 22 N. Y. 389, 395; Albany & Rensselaer Co. v. Lundberg, 121 U. S. 451, 453, 7 Sup. Ct. 958, 30 L. Ed. 982.

The judgment is affirmed, with costs.

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PER CURIAM.

Plaintiff is the publisher of the Luther League Review. Defendant advertised therein. The contract was in the form of written authority, on a printed blank addressed to “the publishers of the Luther League Review,” accepted by printing the advertisement. The Review is owned by the "Luther League, an unincorporated re[605]*605ligious association said to have 80,000 members. We think that plaintiff was authorized to sue under Code Civ. Proc. § 449; Considerant v. Brisbane, 22 N. Y. 389, 395; Albany & Rensselaer Co. v. Lundberg, 121 U. S. 451, 453, 7 Sup. Ct. 958, 30 L. Ed. 982.

The judgment is affirmed, with costs.

Eilert v. Gordon, 121 N.Y.S. 604 (N.Y. Ct. App. 1910).

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