Legal Opinion

Stearns v. . Field

New York Court of Appeals

Decided October 17, 1882PublishedCited by 37 opinions

The nature of the action and the material questions presented in this case appear in the following extracts from the opinion: “ The complaint exhibited a claim for 1 fair and reasonable compensation ’ for services rendered the defendant at his request, and upon the trial sufficient evidence was produced to call for its submission to the jury.

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The nature of the action and the material questions presented in this case appear in the following extracts from the opinion: “ The complaint exhibited a claim for 1 fair and reasonable compensation ’ for services rendered the defendant at his request, and upon the trial sufficient evidence was produced to call for its submission to the jury. Their verdict does not exceed the sum proven, but it was established by the opinions of witnesses answering a question objected to by the defendant ‘ as being purely hypothetical, assuming facts not proved.’ It should be observed that neither the…

1Opinion of the Court

Danforth, J.,

reads for affirmance.

Andrews, Ch. J., Miller and Finoh, JJ., concur.

Rapallo, Earl and Tract. JJ., dissent.

Judgment affirmed.

2Cited by37 opinions

  1. Louisville, New Albany & Chicago Railway Co. v. WoodIndiana Supreme Court · 1887
  2. Denver & R. G. R. v. RodderCourt of Appeals for the Ninth Circuit · 1900
  3. Burt v. StateCourt of Criminal Appeals of Texas · 1897
  4. Davidson v. StateIndiana Supreme Court · 1893
  5. Bragg v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1905

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