Wright v. Hicks
Appellate Division of the Supreme Court of the State of New York
Appeal by- the plaintiff, Alfred P. Wright, from a judgment of the Supreme Court in favor of the defendant, entered in the office ,óf the clerk-of the county of Queens on the '8th day of January, 1900, upon the report of a referee dismissing the¡ complaint upon the merits. . .
1Opinion of the Court
Jenks, J.:
The action is against an executor for labor done for his testator, for materials furnished and for money lent from 1881-throughóüt a number of years. It was tried before a referee, who dismissed the complaint on the merits.
I think that the judgment must be reversed for error in the exclusion'of testimony. The plaintiff produced Exhibits A and B for identification and testified that they were his account books for 1882 and 1883 respectively. He then produced Exhibit C for identification, as his account book from 1881 to 1894. ' He testified that he . kept, these books and that he had…
2Cases cited11 opinions
- Vosburgh v. ThayerNew York Supreme Court · 1815
- Mayor, Etc., of N.Y. v. . SEC. Ave. R.R. Co.New York Court of Appeals · 1886
- In the Matter of McGoldrick v. . TraphagenNew York Court of Appeals · 1882
- Smith v. . SmithNew York Court of Appeals · 1900
- Beebe v. BullNew York Supreme Court · 1834
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