Hopper v. Smith

The opinion of the court was delivered by

Hendrickson, J.

The plaintiff, who is the executrix of Georgiana Grimsted, deceased, obtained a verdict at the Morris Circuit against the defendants, executors of Henry D. Smith, deceased, for $1,000 and interest. A rule to show cause was allowed to the defendants why a new trial should not be had. Motions were made by the defendants at the trial *404to nonsuit and also to direct a verdict on the ground of the plaintiffs failure to prove the agreement alleged in the declaration. The denial of these motions by tire trial judge is assigned as one of the…