New York Telephone Co. v. Treat

U.S. Circuit Court for the District of Southern New York

New York Telephone Co. v. Treat

122 F. 1022, 1903 U.S. App. LEXIS 4879

U.S. Circuit Court for the District of Southern New York·Decided May 28, 1903·Published

Opinion

LACOMBE, Circuit Judge.

There is no proof of any contract whereby the plaintiff obligated itself, as part consideration for the $90, to insert its sub[1023] scribers’ names in the telephone directory and distribute the same three times a year. Everything which it bound itself to do was merely incidental to transmitting messages, which, on the basis of $90 for 600, imports a charge of 15 cents for each. The complaint is dismissed.

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LACOMBE, Circuit Judge.

There is no proof of any contract whereby the plaintiff obligated itself, as part consideration for the $90, to insert its sub[1023] scribers’ names in the telephone directory and distribute the same three times a year. Everything which it bound itself to do was merely incidental to transmitting messages, which, on the basis of $90 for 600, imports a charge of 15 cents for each. The complaint is dismissed.

New York Telephone Co. v. Treat, 122 F. 1022, 1903 U.S. App. LEXIS 4879 (circtsdny 1903).

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