Ellis v. Filon
New York Supreme Court
Appeal from judgment on report of referee. Claim by Charles S. Ellis against Mary E. Filón and others, which was referred under the statute. There was a judgment in favor of plaintiff, and defendants appeal.
1Opinion of the CourtWard, J.
This appeal comes here under section 2718 of the Code as amended in 1893. The plaintiff, within the six months for presenting claims against the estate of the deceased, presented a claim of $300 for plans prepared by the plaintiff at the request of the deceased for the construction of a building in Rochester. The claim was rejected by the appellants, and an order was made referring it to a referee under this provision of the Code, who heard the evidence, and reported in favor of the plaintiff for the amount of his claim, upon which judgment was perfected, the referee awarding costs to the…
2Cases cited3 opinions
- Kearney v. . McKeonNew York Court of Appeals · 1881
- Hier v. . GrantNew York Court of Appeals · 1872
- Ulrich v. UlrichThe Superior Court of the City of New York and Buffalo · 1892
3Cited by3 opinions
- In re HumfrevilleAppellate Division of the Supreme Court of the State of New York · 1896
- Winne v. HillsNew York Supreme Court · 1895
- Barwick v. YoumansNew York Court of Common Pleas · 1895