Mulligan v. Tobin

Appellate Terms of the Supreme Court of New York

Mulligan v. Tobin

87 N.Y.S. 406

CourtAppellate Terms of the Supreme Court of New York

DecidedMarch 24, 1904

StatusPublished

This text of 87 N.Y.S. 406 (Mulligan v. Tobin) 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

Mulligan v. Tobin, 87 N.Y.S. 406 (N.Y. Ct. App. 1904).

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Opinion

SCOTT, J.

There was no proof of any promise to pay any specified sum for the services, and no proof that there is any customary charge for such services as defendant rendered. Therefore there was no evidence to justify the value which the plaintiff put upon the services. There was proof, however, that defendant intended to pay something for the services, and he himself suggested $10 as a reasonable compensation. ' For this sum, at least, the plaintiff should have had judgment.

Judgment reversed and new trial granted, with costs to appellant to abide the event. All concur.

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SCOTT, J.

There was no proof of any promise to pay any specified sum for the services, and no proof that there is any customary charge for such services as defendant rendered. Therefore there was no evidence to justify the value which the plaintiff put upon the services. There was proof, however, that defendant intended to pay something for the services, and he himself suggested $10 as a reasonable compensation. ' For this sum, at least, the plaintiff should have had judgment.

Judgment reversed and new trial granted, with costs to appellant to abide the event. All concur.

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Bluebook (online)

87 N.Y.S. 406, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mulligan-v-tobin-nyappterm-1904.