Forbes v. Chichester
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Oourt in the second judicial department, entered npon an order made February 10, 1890, which affirmed a judgment in favor of defendant entered upon an order of Special Term confirming the report of a referee. The reference was under the statute of a disputed claim against an estate.
1Opinion of the Court
The opinion of Eabl, J., is as follows:
“I agree with Judge O’Bbieu that the plaintiff should not, upon the evidence presented by him, have been nonsuited. But I think he was nonsuited, and that for that reason the judgment should be reversed.
“ The plaintiff, after producing evidence, rested, and the ■defendant then moved to dismiss the complaint on the ground that there was £ no employment proved at all, and nothing which can justify any such charge as has been made.’ The referee reserved his decision, and subsequently rendered a written opinion on the motion in which he concluded, after…
2Cited by11 opinions
- Raabe v. . SquierNew York Court of Appeals · 1895
- Deeley v. . HeintzNew York Court of Appeals · 1901
- Weston Electrical Instrument Co. v. BeneckeSupreme Court of New Jersey · 1912
- Gilman v. Augustus PrenticeNew York Court of Appeals · 1892
- Smith v. PelottNew York Supreme Court · 1892
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