Smith v. Lippincott
New York Supreme Court
APPEAL from a judgment entered on the report of referees. The action was brought against the defendants, composing the firm of J. B. Lippincott & Go. to recover moneys by the plaintiff paid, laid out, and expended for work, labor and materials necessary to the preparation of a work entitled “ Smith’s New Geography” for publication, and for divers maps, plates and drawings procured by the plaintiff in the preparation of said work, and' delivered to and used by the defendants.
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APPEAL from a judgment entered on the report of referees. The action was brought against the defendants, composing the firm of J. B. Lippincott & Go. to recover moneys by the plaintiff paid, laid out, and expended for work, labor and materials necessary to the preparation of a work entitled “ Smith’s New Geography” for publication, and for divers maps, plates and drawings procured by the plaintiff in the preparation of said work, and' delivered to and used by the defendants. On the 27th of October, 1858, the plaintiff and defendants executed a contract, under seal, in and by which the…
1Opinion of the Court
By the Court, James C. Smith, J.
After a careful examination of the testimony in this case, I fail to find any evidence of the express oral agreement alleged in the complaint and found by the referees, to wit, that upon the execution of the agreement in writing mentioned in the pleadings, the defendants, in consideration that the plaintiff would enter into the same, and would deliver to them the materials, plates, drawings, maps and other results of the labor theretofore performed by the plaintiff in connection with the publication of his work entitled “ Smith’s Hew Geography,” promised the…
2Cases cited1 opinion
- Bidwell v. . the Astor Mutual Insurance CompanyNew York Court of Appeals · 1857
3Cited by4 opinions
- Thompson v. Reno Savings BankNevada Supreme Court · 1885
- Skinner v. BusseNew York Supreme Court · 1902
- Terwilleger v. Ontario, Carbondale & Scranton RailroadNew York Supreme Court · 1893
- Taylor v. PinckneyNew York Supreme Court · 1886