Coombs v. Joerg
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Herman Joerg, as executor, etc., from a judgment of the Municipal Court of the city of Hew York, borough of Brooklyn, in favor of the plaintiffs, rendered on the 31st day of May, 1907.
1Opinion of the Court
Jenks, J.:
Conceding that the hill of the plaintiffs was rendered to the defendant as executor of Mary E. Loughran, yet I think that the direction of the verdict for the plaintiffs was error. The hill was for services rendered to Mary E. Loughran. The plaintiffs contended that proof of the rendition of this bill to the defendant as executor, of his retention of the bill without question or criticism or positive action, and marked by a lapse of time, made out a prima facie case. The court so held, and directed a verdict on the failure of the defendant to offer proof in dispute of the facts…
2Cases cited2 opinions
- Schutz v. . MoretteNew York Court of Appeals · 1895
- In Re the Estate of CallahanNew York Court of Appeals · 1897
3Cited by2 opinions
- In re the Account of Proceedings of TharpNew York Surrogate's Court · 1920
- In re the Estate of AgeloffNew York Surrogate's Court · 1936