Legal Opinion

Hoffman v. Gallaher

New York Court of Common Pleas

Decided April 5, 1875PublishedCited by 19 opinions

Appeal by defendant from a judgment of the general term of the Marine Gourt affirming a judgment of that court, entered on the verdict of a jury. The action was brought to recover for the services and materials furnished by the plaintiff in painting a picture of the defendant.

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Appeal by defendant from a judgment of the general term of the Marine Gourt affirming a judgment of that court, entered on the verdict of a jury. The action was brought to recover for the services and materials furnished by the plaintiff in painting a picture of the defendant. On the trial the plaintiff testified as follows in regard to the contract made by him with the defendant, under which he had painted the picture of the defendant: “I am the plaintiff; I know the defendant; he keeps a wine room under the Hoffman House; I have known him over two years. Prior to March, 1873, I had a…

1Opinion of the Court

Daly, Chief Justice.

complaint is upon a special agreement ; that the plaintiff painted a portrait in oil of the defendant, upon the defendant’s promise and agreement to pay the plaintiff $150 for it; that the plaintiff tendered the portrait and the defendant refused to take it. The contract proved was-a different one, but as the testimony was received without objection, the recovery would be sustained, if the plaintiff had established performance of the contract proved.

According to the plaintiff’s evidence, the contract was that the defendant was to take the portrait and pay $125 for it, with…

2Cases cited2 opinions

  1. Smith v. BriggsNew York Supreme Court · 1846
  2. Butler v. TuckerNew York Supreme Court · 1840

3Cited by19 opinions

  1. Duplex Safety Boiler Co. v. . GardenNew York Court of Appeals · 1886
  2. Singerly v. ThayerSupreme Court of Pennsylvania · 1885
  3. Crawford v. . Mail Express Publishing Co.New York Court of Appeals · 1900
  4. Exhaust Ventilator Co. v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1886
  5. Campbell Printing-Press Co. v. ThorpU.S. Circuit Court for the District of Eastern Michigan · 1888

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