Cunningham v. Hewitt
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Frank M. Hewitt, as administrator, etc., of Christopher Hewitt, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Saratoga on the 20tli day of October, 1902, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 21st day of October, 1902, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, Frank M. Hewitt, as administrator, etc., of Christopher Hewitt, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Saratoga on the 20tli day of October, 1902, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 21st day of October, 1902, denying the defendant’s motion for a new trial made upon the minutes. Defendant’s intestate died upon the llth day of September, 1900, at the age of eighty-eight years, He left no widow, and some nephews and nieces as his…
1Opinion of the Court
Smith, J.:
■ The appellant appeals to the duty which this court has always recognized to protect the estates of - dead men from fraudulent claims. It is urged that this verdict was against the weight of the evidence and was prompted by sympathy, and was in defiance of principles of law, and in excess of the just indebtedness of this estate. We think the defendant’s claim is not'sustained by the evidence. In October, 1898, the date of the execution of the codicil to his will by the intestate, he recognized an indebtedness of $500 to the plaintiff for services which had been at that time…
2Cited by3 opinions
- Garland v. GrayCourt of Appeals of Georgia · 1963
- La Grange v. MerrittAppellate Division of the Supreme Court of the State of New York · 1904
- Britton v. StamfordAppellate Division of the Supreme Court of the State of New York · 1921