Snyder v. International Economist Co.

Appellate Terms of the Supreme Court of New York

Snyder v. International Economist Co.

91 N.Y.S. 748

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 17, 1905

StatusPublished

This text of 91 N.Y.S. 748 (Snyder v. International Economist Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Snyder v. International Economist Co., 91 N.Y.S. 748 (N.Y. Ct. App. 1905).

Pincite

Opinion

PER CURIAM.

The evident purpose of the indorsement was to relieve plaintiff’s assignor from any obligation to pay in cash for the advertising, and to require the defendant to take its pay in goods, if it were to be paid at all. We consider that the justice construed the in[749]*749dorsement too narrowly. The true construction, as we regard it, is that the order for goods should be treated as payment pro tanto of the bill for advertising. As to the balance of the advertising bill, the defendant cannot, under his contract, recover.

Judgment reversed and new trial granted, with costs to the appellant to abide the event

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PER CURIAM.

The evident purpose of the indorsement was to relieve plaintiff’s assignor from any obligation to pay in cash for the advertising, and to require the defendant to take its pay in goods, if it were to be paid at all. We consider that the justice construed the in[749]*749dorsement too narrowly. The true construction, as we regard it, is that the order for goods should be treated as payment pro tanto of the bill for advertising. As to the balance of the advertising bill, the defendant cannot, under his contract, recover.

Judgment reversed and new trial granted, with costs to the appellant to abide the event

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Bluebook (online)

91 N.Y.S. 748, Counsel Stack Legal Research, https://law.counselstack.com/opinion/snyder-v-international-economist-co-nyappterm-1905.