Howard v. . Daly
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, affirming a judgment in favor of plaintiff entered on the report of a referee. This action was brought upon an alleged contract for employment and service.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, affirming a judgment in favor of plaintiff entered on the report of a referee. This action was brought upon an alleged contract for employment and service. The complaint set forth, in substance, that, on the 20th day of April, 1870, the plaintiff contracted with the defendant to act at the Fifth Avenue theater, in the city of New York, or at such other places as he might require, in such capacity and in such a way and manner as he might direct, and under such rules as he might establish for the doming…
1Opinion of the Court
Dwight, C.
It is insisted, by the defendant, that the complaint in this canse should have been dismissed, on the ground that the plaintiff made and maintained no proper tendér of service. The finding of the referee that the plaintiff offered and tendered performance of her part of the contract, but that the defendant repudiated the contract, and thereby prevented the plaintiff from performing her part of it, is said to be unsustained by the evidence, and to be erroneous.
As this is substantially the whole question raised by the defendant on this appeal, it will be the most convenient way to…
2Cases cited18 opinions
- Taylor v. . BradleyNew York Court of Appeals · 1868
- Dillon v. . AndersonNew York Court of Appeals · 1870
- Costigan v. Mohawk & Hudson Rail-RoadNew York Supreme Court · 1846
- Clark v. MarsigliaCourt for the Trial of Impeachments and Correction of Errors · 1845
- White v. . CorliesNew York Court of Appeals · 1871
13 more not listed; retrieve them via the Exa API.
3Cited by261 opinions
- Rosenthal v. WalkerSupreme Court of the United States · 1884
- McCready v. . LindenbornNew York Court of Appeals · 1902
- Den Norske Ameriekalinje Actiesselskabet v. Sun Printing & Publishing Ass'nNew York Court of Appeals · 1919
- Rosenthal Paper Co. v. National Folding Box & Paper Co.New York Court of Appeals · 1919
- Kelly v. . Security Mutual Life Ins. Co.New York Court of Appeals · 1906
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