Howland v. . Lounds
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial district, affirming a judgment in favor of plaintiff entered upon an order dismissing plaintiff’s complaint. The nature of the action and the facts pertinent to the questions discussed appear in the opinion. At the close of the evidence upon the trial the court directed a verdict for plaintiff for the amount of the reward and interest, subject to the opinion of the court.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial district, affirming a judgment in favor of plaintiff entered upon an order dismissing plaintiff’s complaint. The nature of the action and the facts pertinent to the questions discussed appear in the opinion. At the close of the evidence upon the trial the court directed a verdict for plaintiff for the amount of the reward and interest, subject to the opinion of the court. Subsequently an opinion was rendered holding that plaintiff was not entitled to the reward, and directing the entry of a judgment…
1Opinion of the Court
This action was brought to recover a reward of $150 which the defendants offered for the recovery or information leading to the recovery of their stray mare, and is defended upon the ground that one Rogers or Williams, rather than the plaintiff, is entitled to the reward. In order to entitle a party to recover a reward offered, he must establish between himself and the person offering the reward not only the offer and his acceptance of it, but his performance of the services for which the reward was offered; and upon principle, as well as upon authority, the performance of this service by one…
2Cases cited1 opinion
- Fitch v. . SnedakerNew York Court of Appeals · 1868
3Cited by13 opinions
- Williams v. West Chicago Street RailroadIllinois Supreme Court · 1901
- Atwood v. ArmstrongAppellate Division of the Supreme Court of the State of New York · 1905
- Chicago & Alton Railroad v. SebringAppellate Court of Illinois · 1885
- Kincaid Trust & Savings Bank v. HawkinsAppellate Court of Illinois · 1924
- Rheinhauer v. De KriegesCity of New York Municipal Court · 1946
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