Scott v. Miller
Appellate Division of the Supreme Court of the State of New York
Appeal by tbe plaintiff, Margaret Lida Scott, from a judgment of tbe Supreme Court in favor of the defendant, entered in tbe office of the clerk of tbe county of New York on tbe 5th day of December, 1905, upon the dismissal of tbe complaint by direction of the court at the close of plaintiff’s case at a trial at the New York Trial Term.
1Opinion of the Court
McLaughlin, J.:
This action was brought to recover a balance of $1,500, alleged to be due the plaintiff for services in painting an oil portrait of tbe defendant’s deceased husband. The defendant, by her. answer admitted that- she engaged tbe plaintiff to paint tbe portrait and agreed to pay her the reasonable value of the services performed. When the portrait was substantially completed,- it was inspected by the defendant and she expressed herself as satisfied with the work, telling plaintiff to let her know what she owed and she would send *7a check for' it. She at the same time stated that…
2Cases cited4 opinions
- Eddy v. . DavisNew York Court of Appeals · 1889
- Gray v. . WaltonNew York Court of Appeals · 1887
- Cragin v. O'ConnellAppellate Division of the Supreme Court of the State of New York · 1900
- Duryea v. BonnellAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by5 opinions
- American Aniline Products, Inc. v. D. Nagase & Co.Appellate Division of the Supreme Court of the State of New York · 1919
- Economu v. SchwartzAppellate Division of the Supreme Court of the State of New York · 1921
- Berger v. CohenAppellate Division of the Supreme Court of the State of New York · 1908
- Halvordson v. GrossmanAppellate Terms of the Supreme Court of New York · 1907
- Pastore v. LivingstonCity of New York Municipal Court · 1911