Minaldi v. Thurston

Appellate Terms of the Supreme Court of New York

Minaldi v. Thurston

94 N.Y.S. 1156

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 23, 1905

StatusPublished

This text of 94 N.Y.S. 1156 (Minaldi v. Thurston) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Minaldi v. Thurston, 94 N.Y.S. 1156 (N.Y. Ct. App. 1905).

Pincite

Opinion

PER CURIAM.

We are of the opinion that the respondent was right when he stated that it was ridiculous to ask him how many times he had shaved the appellant in four years. It is evident that the plaintiff did not know what services he had rendered the defendant in four years, and that the reason he did not know was because such services as were rendered by him to the defendant were not rendered under any express agreement or promise of payment. From the circumstances shown by the evidence the law will not imply a promise by the defendant to pay for such services. But whether there was or was not a promise to pay for the services rendered, or whether the law would or would not infer such a promise, the extent of the services is not shown by clear and definite evidence. The judgment is reversed, and a new trial ordered, with costs to the appellant to abide the event.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

We are of the opinion that the respondent was right when he stated that it was ridiculous to ask him how many times he had shaved the appellant in four years. It is evident that the plaintiff did not know what services he had rendered the defendant in four years, and that the reason he did not know was because such services as were rendered by him to the defendant were not rendered under any express agreement or promise of payment. From the circumstances shown by the evidence the law will not imply a promise by the defendant to pay for such services. But whether there was or was not a promise to pay for the services rendered, or whether the law would or would not infer such a promise, the extent of the services is not shown by clear and definite evidence. The judgment is reversed, and a new trial ordered, with costs to the appellant to abide the event.

Cite This Page — Counsel Stack

Bluebook (online)

94 N.Y.S. 1156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/minaldi-v-thurston-nyappterm-1905.