Rowland v. Howard
New York Supreme Court
Appeal from judgment on report of referee. Action by Mary Scott Rowland against Margaret A. Howard and another, as executrices of Mrs. White, deceased, and another, to recover the contract price of services alleged to have been rendered by plaintiff to defendants’ testator. From a judgment confirming the report of the referee in favor of plaintiff, defendants appeal.
1Opinion of the CourtO’Brien, J.
This is a statutory action upon a claim against a decedent’s estate, and was commenced by the entry of an order of reference on the consent of both sides. The action was brought to recover the sum of $250 on an oral agreement for professional services for a course of treatment to the complexion and skin foods and preparations furnished by plaintiff to the defendants’ testator. The plaintiff’s case rested wholly on the testimony of her husband, who stated that he remembered calling with his wife upon Mrs. White, the decedent; that he took no part in the conversation when the agreement now sued…
2Cases cited3 opinions
- Kearney v. . McKeonNew York Court of Appeals · 1881
- Ulrich v. UlrichThe Superior Court of the City of New York and Buffalo · 1892
- Forbes v. ChichesterNew York Supreme Court · 1890
3Cited by6 opinions
- In re the Voluntary Judicial Settlement of the Account of Proceedings of NelsonNew York Surrogate's Court · 1909
- Yates v. RootAppellate Division of the Supreme Court of the State of New York · 1896
- Hart v. TuiteAppellate Division of the Supreme Court of the State of New York · 1902
- O'Neill v. BarryAppellate Division of the Supreme Court of the State of New York · 1897
- Sanford v. Story, New York County Courts1896
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