Potter v. Greene
New York Supreme Court
Appeal from special term, Monroe county. Action by Frederick B. Potter against Sylvanus II. Greene and William Epes, executors of the will of David Greene, deceased, to recover for labor ■performed by plaintiff for deceased. Trial by jury and verdict for plaintiff, which the special term set aside on a motion by defendants based on the judge’s minutes. Plaintiff appeals.
1Opinion of the Court
Barker, P, J.
The nature of the action, the circumstances of the case, .and the facts which the plaintiff must maintain to support the verdict in his favor, are clearly stated in the opinion of Mr. Justice Bradley, when this ■case was before us on a former appeal, reported in 39 Hun, 72. The defense was based on the alleged fact that the labor and services performed by the plaintiff were rendered by him for the decedent under and in pursuance of the -terms of certain articles of apprenticeship entered into between the plaintiff and the defendant’s testator. It is admitted by the plaintiff that…
2Cases cited2 opinions
- Church v. . HowardNew York Court of Appeals · 1880
- Lane v. DotyNew York Supreme Court · 1848
3Cited by2 opinions
- In Re Proving the Last Will & Testament of KennedyNew York Court of Appeals · 1901
- Bruyn v. RussellNew York Supreme Court · 1889