James v. Taylor
New York Supreme Court
APPEAL from a judgment entered upon the report of a referee. The action was brought by the plaintiff, as executor of Sarah B. James, deceased, to recover for work, labor and services done and performed, and materials furnished by the plaintiff’s testator. The referee reported in favoi of the defendant, and the plaintiff appealed.
1Opinion of the Court
By the Court,
Sutherland, J.
I think the conclusion of law of the referee, that Mrs. J ames (the plaintiff’s testatrix) had no title to the demand in suit, and that it did not pass to the plaintiff as the executor of her will, was erroneous, and not authorized by the facts found by the referee. I think, on the facts found by the referee, the plaintiff was entitled to judgment. The referee found as facts, that in 1855, Mrs. James bought out one George Walker, who carried on the furnace heating and ventilating business, at No. 77 White street, in the city of New York, and that thenceforth she…
2Cited by2 opinions
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