Legal Opinion

Davis v. Seaman

New York Supreme Court

Decided June 3, 1892PublishedCited by 7 opinions

Appeal from judgment on report of referee. Action by Robert A. Davis against Catherine. B. Seaman and John M-Baker, administratrix and administrator of Catherine M. Wetherhee, deceased. From an order confirming a report of a referee, to whom was referred under the statute a disputed claim, defendants appeal.

1Opinion of the CourtO’Brien, J.

The plaintiff’s claim was for professional services alleged to. have been rendered defendants’ intestate between June 22,1888, and January 22, 1889, amounting to $500. The referee to whom the claim was referred found in favor of the plaintiff in the sum of $440, and from the judgment-entered upon the referee’s report this appeal is taken. The question presented is whether the conclusion reached by the referee was founded upon any sufficient and competent evidence. The burden was upon the plaintiff of showing employment, professional services, and the extent and value thereof. To. establish…

2Cases cited1 opinion

  1. Vosburgh v. ThayerNew York Supreme Court · 1815

3Cited by7 opinions

  1. Bellows v. BenderAppellate Terms of the Supreme Court of New York · 1914
  2. In re the Estate of DeSimoneNew York Surrogate's Court · 1934
  3. In re the Judicial Settlement of the Estate of ClodgoNew York Surrogate's Court · 1928
  4. Walbridge v. SimonThe Superior Court of the City of New York and Buffalo · 1895
  5. In re the Judicial Settlement of the Account of RunionsNew York Surrogate's Court · 1911

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