Hyperlawhypertext legal database Dake v. Patterson 12 N.Y. Sup. Ct. 558

← Cases

Dake v. Patterson

12 N.Y. Sup. Ct. 558 Court N.Y. Sup. Ct. English

Judges Present —■ Smith, P. J., Gtlbekt and MeewiN, JJ.

Delivered by MeewiN, J.

Contents

Majority

p. 558
HORACE M. DAKE, Appellant, v. GEORGE G. PATTERSON, Respondent.

Headnote

Ooni/raci for advertising — notice to terminate — effect of taking pa/per containing advertisement — Illegal agreement.
A contract for the publication of an advertisement in a newspaper, for a specified time, needs no notice to terminate it.
If the publisher continue to insert the advertisement after that time, he cannot recover compensation unless the original agreement has been extended or a new one made; nor can the mere fact that the paper is taken by the person for whose benefit it is inserted, be construed into a promise to pay therefor, even if the advertisement be brought to his knowledge.
Where one litigant approaches the attorney of the other, and for a money consideration hires him to be unfaithful to his client, and the attorney receives
p. 559
the money, agreeing to return it on the happening of a certain event, the courts will not lend their aid to enforce such corrupt and illegal agreement, even if such event do occur.
Appeal from a judgment in favor of the defendant, entered upon the report of a referee.
J. Van Voorhis, for appellant. Geo. W. Daggett, for respondent.

Opinion by

Present —■ Smith, P. J., Gtlbekt and MeewiN, JJ.

Judgment reversed and new trial ordered, without costs of appeal to either party.