Liscomb v. Agate
New York Supreme Court
Appeal from judgment entered on report of referee. Action by Alfred A. Liscomb against Sarah K. Agate, as executrix, William Allen Butler and William Allen Butler, Jr., as executors, of the will of Frederick K. Agate, deceased, to recover for services as agent, for money expended, and damages for wrongful discharge. There was a judgment in favor of defendants, and plaintiff appeals.
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Appeal from judgment entered on report of referee. Action by Alfred A. Liscomb against Sarah K. Agate, as executrix, William Allen Butler and William Allen Butler, Jr., as executors, of the will of Frederick K. Agate, deceased, to recover for services as agent, for money expended, and damages for wrongful discharge. There was a judgment in favor of defendants, and plaintiff appeals. This action, begun May 11, 1888, is for the recovery (1) for services as an agent in care of an apartment house during March and April, 1888, at the agreed price of $432.32; (2) for $448.60, money expended in…
1Opinion of the CourtFollett, J.
But three errors are urged as grounds for a reversal of the judgment: (1) That the referee erroneously disallowed the plaintiff $800 paid by him on account of rents collected; (2) the referee erred in permitting the witness Lord to answer a question which was objected to by the plaintiff; (3) the referee erred in receiving in evidence the account book of John Law & Co.
The payment of the disputed item of $800 by plaintiff’s check dated April 28, 1887, is conceded by the litigants, and the only question in respect to it is whether it was paid on account of rents collected in March or April,…
2Cases cited2 opinions
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