New York News Publishing Co. v. National Steamship Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made October 13, 1893, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying defendant’s motion for a new trial. The nature of the action and the facts, so far. as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made October 13, 1893, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying defendant’s motion for a new trial. The nature of the action and the facts, so far. as material, are stated in the opinion. The statement, in the opinion of the General Term, that the contract was substantially performed, is entirely without proof, and the failure to prove a substantial performance of the contract is fatal. (Dauchy v. Drake, 85 N.…
1Opinion of the CourtO’Brien, J.
The complaint in this action alleged that the defendant was indebted to the plaintiff in the sum of 8591.18, a balance due from the defendant for work, labor and services in advertising for and at the special instance and request of the defendant.
The defendant, by its answer, denied this allegation. The plaintiff, on the trial, gave proof tending to establish an agreement between the parties to the effect that the plaintiff should do certain advertising for the defendant and be paid therefor in the tickets of defendant; that plaintiff did perform the work in advertising, and had received…
2Cases cited5 opinions
- Bennett v. . JudsonNew York Court of Appeals · 1860
- Smith v. SmithNew York Supreme Court · 1807
- Farron v. . SherwoodNew York Court of Appeals · 1858
- Brooks v. HubbardSupreme Court of Connecticut · 1819
- Gleason v. PinneyNew York Supreme Court · 1825
3Cited by27 opinions
- Ga Nun v. . PalmerNew York Court of Appeals · 1916
- Flickinger v. . GlassNew York Court of Appeals · 1918
- E. I. Du Pont De Nemours Powder Co. v. SchlottmanCourt of Appeals for the Second Circuit · 1914
- Grattan v. Societa Per Azzioni Cotonficio CantoniNew York Supreme Court · 1956
- Vulcan Iron Works Co. v. RoquemoreCourt of Appeals for the Fifth Circuit · 1909
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