Pinney v. . Orth
New York Court of Appeals
Appeal from judgment of the Court of Common Pleas, in and for the city and county of New York, entered upon an order made February 7, 1881, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee on plaintiff stipulating to reduce the judgment by a sum specified, which stipulation was given.
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Appeal from judgment of the Court of Common Pleas, in and for the city and county of New York, entered upon an order made February 7, 1881, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee on plaintiff stipulating to reduce the judgment by a sum specified, which stipulation was given. This action was brought by plaintiff as administratrix of the estate of Ambrose L. Pinney, deceased, to recover for services alleged to have been rendered by the deceased as attorney and counsel for defendants. The referee erred in excluding the questions put to the…
1Opinion of the CourtRapallo, J.
On the trial of this action John Streib, a witness on the part of the plaintiff, and formerly the managing clerk of plaintiff’s intestate, testified to certain conversations between plaintiff’s intestate and the defendant Orth, material to the issues in this case, at which conversations Streib stated that he was present, and that the conversations took place at the office of deceased. The defendant Orth was called as a witness in his own behalf, and the referee very properly refused to allow him to testify as to what was said, or what was not said, between him and the deceased at those…
2Cited by43 opinions
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- In Re the Judicial Settlement of the Accounts of CallisterNew York Court of Appeals · 1897
- State v. MurphyWisconsin Supreme Court · 1906
- Lewis v. . MerrittNew York Court of Appeals · 1885
- Boyd v. . BoydNew York Court of Appeals · 1900
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