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

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

DecidedMay 28, 1903

StatusPublished

This text of 122 F. 1022 (New York Telephone Co. v. Treat) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Southern New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

Pincite

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]*1023scribers’ 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]*1023scribers’ 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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Bluebook (online)

122 F. 1022, 1903 U.S. App. LEXIS 4879, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-york-telephone-co-v-treat-circtsdny-1903.