New York News Pub. Co. v. Nat'l S.S. Co.
| Decision Date | 19 December 1895 |
| Citation | 42 N.E. 514,148 N.Y. 39 |
| Parties | NEW YORK NEWS PUB. CO. v. NATIONAL STEAMSHIP CO., Limited. |
| Court | New York Court of Appeals Court of Appeals |
OPINION TEXT STARTS HERE
Appeal from supreme court, general term, First department.
Action by the New York News Publishing Company against the National Steamship Company, Limited, to recover for services rendered. The judgment for plaintiff was affirmed by the general term (25 N. Y. Supp. 401), and defendant appeals. Affirmed.
John Chetwood, for appellant.
W. H. Newman, for respondent.
The complaint in this action alleged that the defendant was indebted to the plaintiff in the sum of $591.18, a balance due from the defendant for work, labor, and services in advertising for and at the special instance and request of the defendant. The defendant, by its answer, denied this allegation. The plaintiff, on the trial, gave proof tending to establish an agreement between the parties to the effect that the plaintiff should do certain advertising for the defendant, and be paid therefor in the tickets of defendant; that plaintiff did perform the work in advertising, and had received thereon a certain quantity of tickets, but leaving still due the amount stated in the complaint; that the plaintiff had demanded the balance of the bill from the defendant in tickets, but the demand was refused. The plaintiff claimed that these facts established a money indebtedness from the defendant. The rule in this state seems to be that, where a party agrees to pay a specific sum, or, as in this case, the value of the services in some specific articles of property, and upon demand refuses or fails to deliver the property, his obligation is thereby converted into one for the payment of money. 1 Sedg. Dam. (8th Ed.) § 280; Gleason v. Pinney, 5 Cow. 152;Smith v. Smith, 2 Johns. 235; Brooks v. Hubbard, 3 Conn. 58. There was some conflict in the evidence as to the facts, but the court submitted all the questions to the jury, and the verdict must be taken as establishing in plaintiff's favor the performance of the work at the price alleged, the agreement to pay in tickets, and the refusal to do so, and the consequent obligation to pay in money.
The only point urged by the defendant in support of the appeal which it is necessary to consider is the contention that the plaintiff set out in the complaint one cause of action and recovered upon another and different cause of action. The plaintiff has stated the facts constituting the cause of action, not as the...
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