Yates v. Root
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John M. Root, as executor, etc., of Humphrey George Root, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county, of Herkimer on the 26th day of August, 1895, upon the report of a referee.
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Appeal by the defendant, John M. Root, as executor, etc., of Humphrey George Root, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county, of Herkimer on the 26th day of August, 1895, upon the report of a referee. Defendant is the executor of Humphrey George Root, deceased, and the claim was presented to- him for the services of 0. 0. Lowell from October 1,1892, to December 2, 1894, 333 days at two dollars per day, making a total of $732, and credited thereon was cash $100.. The claim also contained another item-, to wit: “…
1Opinion of the Court
Hardin, P. J.:
Upon a careful examination of the evidence no definite proof is found of • the exact number of days of service rendered by Lowell for the deceased. The only definite evidence as to the labor performed by Lowell is found in the testimony of Wainman, the carpenter, who was engaged in repairing the deceased’s building. He testified that he, the carpenter, commenced work for the deceased about the middle of October, 1892, and worked there until about March 25, 1893, less some seven days; and he testifies, viz.: “ I do not think there was a day during the whole time I was there, but…
2Cases cited10 opinions
- Holcomb v. . HolcombNew York Court of Appeals · 1884
- Reynolds v. . RobinsonNew York Court of Appeals · 1876
- Kearney v. . McKeonNew York Court of Appeals · 1881
- Van Slooten v. WheelerNew York Court of Appeals · 1893
- Guiterman v. Liverpool, New York & Philadelphia Steamship Co.New York Court of Appeals · 1881
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3Cited by5 opinions
- Hart v. TuiteAppellate Division of the Supreme Court of the State of New York · 1902
- Hartig v. HartigAppellate Division of the Supreme Court of the State of New York · 1911
- In re the Judicial Settlement of the Accounts of FingarNew York Surrogate's Court · 1917
- O'Neill v. BarryAppellate Division of the Supreme Court of the State of New York · 1897
- Meehan v. HeffernanAppellate Division of the Supreme Court of the State of New York · 1902