Harris v. Roof's Executors
New York Supreme Court
Motion by the defendants to set aside the report of a referee. It appeared that the referee allowed the claims of the plaintiff, to the amount of $771,85, and a set-off of $183. Four items allowed were as follows : “ 1845.' Harris’ services at Albany, . . . $200 00 Expenses and fare six times, $4,00, not included in the $200,...... 24 00 1846. Harris’services at Albany, . . .-175 00 1847. do do do ... 200 00” One Mátchin testified, that J. Roof, the testator, pretended to…
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Motion by the defendants to set aside the report of a referee. It appeared that the referee allowed the claims of the plaintiff, to the amount of $771,85, and a set-off of $183. Four items allowed were as follows : “ 1845.' Harris’ services at Albany, . . . $200 00 Expenses and fare six times, $4,00, not included in the $200,...... 24 00 1846. Harris’services at Albany, . . .-175 00 1847. do do do ... 200 00” One Mátchin testified, that J. Roof, the testator, pretended to have a claim against the state for land, the share of a tract contained in an Indian deed belonging to one Matthier, who…
1Opinion of the Court
By the Court, Hand, J.
I think the referee took a view of the testimony, somewhat favorable to the plaintiff upon the question of fact. But perhaps there is not' such a preponderance, as to authorize us to interfere on that ground. The defendant objects, that the witnesses were asked for, and gave their opinions as to the value of the plaintiff’s services, in attending the legislature. On questions of science, skill and trade, persons of skill in those branches, are sometimes allowed to give their opinions. And so as to the value “of property. The foundation of the evidence in all these cases,…
2Cases cited3 opinions
- Clippinger v. HepbaughSupreme Court of Pennsylvania · 1843
- Harger v. EdmondsNew York Supreme Court · 1848
- Pingry v. WashburnSupreme Court of Vermont · 1826
3Cited by33 opinions
- Sedgwick v. . StantonNew York Court of Appeals · 1856
- Chesebrough v. . ConoverNew York Court of Appeals · 1893
- Lyon v. . MitchellNew York Court of Appeals · 1867
- Greenspan v. SlateSupreme Court of New Jersey · 1953
- Rose & Hawley v. TruaxNew York Supreme Court · 1855
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