Star Co. v. Moore

Appellate Terms of the Supreme Court of New York

Decided February 15, 1909

Appellate Terms of the Supreme Court of New York · decided 1909-02-15

Appeal by the plaintiff from a judgment in its favor and against the defendants for the sum of thirty-three dollars and seventy-five cents, rendered in the Municipal Court of the city of ¡New York, first district, borough of Manhattan.

Decided 1909-02-15

Seabury, J. (concurring).

¶1I concur upon the ground that the proprietor of the newspaper was not obliged to accept the advertising; and, having done so, its consent to render the service at the rate prescribed by statute is implied.

¶2Judgment affirmed, with costs, with leave to appeal to Appellate Division.