Legal Opinion

Hogan v. Rosenthal

Appellate Division of the Supreme Court of the State of New York

Decided June 29, 1908PublishedCited by 6 opinions

Appeal by the defendant, Solomon Rosenthal, from a judgment of the Municipal Court of the city of New .York, borough of Brooklyn, in favor of the plaintiff, rendered on the 19th day of March, 1908, upon the verdict of a jury.

1Opinion of the Court

Woodward, J.:

The plaintiff brings this action to recover the sum of $324.31 for work, labor and services alleged to have been performed by him at the request of the defendant, the complaint alleging that this was the fair and reasonable value of such services, and that the defendant promised and agreed to pay. The defendant admitted that the plaintiff had performed the work, but alleged that the same was performed under an agreement that it should not cost to exceed $150, which the defendant was willing to pay. The evidence is sufficient to sustain the verdict of the jury upon a distinct…

2Cases cited2 opinions

  1. Myers v. MyersAppellate Division of the Supreme Court of the State of New York · 1903
  2. Powers v. GouraudNew York Supreme Court · 1897

3Cited by6 opinions

  1. Thomas F. Maher v. Isthmian Steamship CompanyCourt of Appeals for the Second Circuit · 1958
  2. St. Louis S. F. R. Co. v. Model LaundrySupreme Court of Oklahoma · 1913
  3. Tripoli v. TripoliAppellate Division of the Supreme Court of the State of New York · 1981
  4. Hunt v. Temco, Inc.Court of Appeals of Tennessee · 1969
  5. Northern Truck Line, Inc. v. DunnCourt of Appeals for the Ninth Circuit · 1948

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