Stevens v. Ayers
New York Supreme Court
.Appeal from special term, Monroe county. Action by Emmett Stevens against Marshall J. Ayers, administrator, etc. From an order denying defendant’s motion to confirm the report of a referee, and granting plaintiff’s motion for a new trial, defendant appeals.
1Opinion of the CourtDwight, P. J.
The claim referred was against the estate of Thomas Hallett, deceased, as upon an account stated in his life-time. The evidence in support of it was the testimony of an attorney, who presented a statement of the account to Mr. Hallett a month before his death, and who gave the following version of what took place: “I think he took it, and looked at it, and said the account was larger than he thought it was, and said that Perry ought to have paid it. I said that I did not know anything about that, but that it was left with me to sue if not paid at once. He said Emmett better not sue it, as he…
2Cases cited1 opinion
- Lockwood v. . ThorneNew York Court of Appeals · 1858
3Cited by2 opinions
- Fowler v. HebbardAppellate Division of the Supreme Court of the State of New York · 1899
- Beach v. KidderNew York Supreme Court · 1889