Bowers v. Smith
New York Supreme Court
Appeal from special term, Albany county. Action of Henry Bowers against William G. Smith and Charles H. Smith, executors of Edward Smith, to recover for provisions and supplies furnished testator. The ease was referred, and the finding of the referee was for plaintiff, in whose favor judgment was entered on the confirmation of the referee’s report, and now defendants appeal.
1Opinion of the CourtPutnam, J.
The referee finds that at and during the trial of the action brought by Emeline Bowers against these defendants she was the owner of and entitled to recover against the estate of Smith, if any one was, for and on account of the board of said deceased, Edward, and for the provisions and articles sought to be recovered in this action. The evidence justifies this finding of the referee. There is no conflict of testimony in this regard. The *227plaintiff states the agreement made with his wife in the complaint. He was present when she made out her bill against the estate of Smith for the claim sought…
2Cases cited7 opinions
- Bendernagle v. CocksNew York Supreme Court · 1838
- Baker v. . the Union Mutual Life Ins. Co.New York Court of Appeals · 1871
- Brewster v. . StrikerNew York Court of Appeals · 1848
- Birkbeck v. . AckroydNew York Court of Appeals · 1878
- O'Beirne v. . LloydNew York Court of Appeals · 1870
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3Cited by4 opinions
- Sands v. SparlingNew York Supreme Court · 1894
- In re the Rochester, Hornellsville & Lackawanna RailroadNew York Supreme Court · 1889
- Mackey v. WebbNew York Supreme Court · 1889
- McSorley v. FaulknerNew York Court of Common Pleas · 1892