Mercer v. . Vose
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York affirming a judgment in favor of plaintiff, entered upon the report of a referee. The nature of the action and the facts appear sufficiently in the opinion. The referee erred in overruling defendant’s objection to admitting in evidence the opinion of plaintiff and his other witnesses as to the value of his services.
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Appeal from judgment of the General Term of the Superior Court of the city of New York affirming a judgment in favor of plaintiff, entered upon the report of a referee. The nature of the action and the facts appear sufficiently in the opinion. The referee erred in overruling defendant’s objection to admitting in evidence the opinion of plaintiff and his other witnesses as to the value of his services. (Hoyt v. L. I. R. R. Co., 57 N. Y., 678; Slater v. Wilcox, 57 Barb., 604; Harris v. Panama R. R. Co., 8 Bos., 7; 1 Greenl. on Ev., §§ 440, 554; 1 Phil, on Ev., 290, 291; 3 C. & H. Notes, 759-763…
1Opinion of the CourtEarl, J.
This is an action by the plaintiff to recover for his services rendered to the defendant in Hew York and Florida in and about the collection of certain demands and in the attempt to adjust certain complicated business matters of the defendant. The parties were sworn and differed widely in their evidence as to the arrangement between them. It is quite uncertain what the arrangement was, but the referee having found it to be, as claimed by the plaintiff, upon sufficient evidence, and his finding having been affirmed at General Term, we must take the facts to be as found by him. It only remains,…
2Cases cited2 opinions
- McCollum v. . SewardNew York Court of Appeals · 1875
- Lamoure v. CarylNew York Supreme Court · 1847
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- Louisville, New Albany & Chicago Railway Co. v. WoodIndiana Supreme Court · 1887
- White v. . MillerNew York Court of Appeals · 1879
- Shea v. HudsonMassachusetts Supreme Judicial Court · 1895
- Mansfield v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1889
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