61 N.Y. 645
Decided January 5, 1875
New York Court of Appeals · decided 1875-01-05
This action was brought to recover the amount of an order drawn by one J. Gr. Hoffman upon defendant, in favor ■ of plaintiff. Held: by all of the commission, that as the findings of fact of the referee were to the effect that Hoffman abandoned the work, and, without excuse, willfully neglected fully to perform the portion required to make the defendant liable for the fifth payment, the installment never became due; that in such case a substantial performance…
Good law ✅— No negative treatment on recordhow we know
Decided 1875-01-05
Cited by 9 later decisions — most recently January 1921
9 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *647
¶2[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *648 REYNOLDS, C., reads for affirmance; LOTT, Ch. C., concurs.
¶3GRAY, C., also reads for affirmance.
¶4EARL and DWIGHT, CC., read for reversal.
¶5Order affirmed and judgment absolute ordered against plaintiff.