Smith v. Rentz
New York Supreme Court
Appeal from judgment on report of referee. Action by Eugene Smith, executor of Richard Patrick, deceased, against Fredericka Rentz, to recover a balance upon account. There was a judgment for the plaintiff, and the defendant appeals.
1Opinion of the CourtDaniels, J.
The action was brought to recover an alleged balance of account for money paid out by the testator for the defendant. It was proved to a reasonable degree of certainty that she deposited moneys with him from time to time, and that he paid them out for taxes, repairs, and other expenses for her, incurred in and about her property and the management of her household affairs. He died on the 24th of September, 1887, and for a period of years before that he is stated by the defendant’s witness Zimmerman to have been at her house three or four times a week; and when persons were working there, he…
2Cases cited10 opinions
- In the Matter of McGoldrick v. . TraphagenNew York Court of Appeals · 1882
- Kenny v. Clarkson & Van HorneNew York Supreme Court · 1806
- Carradine v. . HotchkissNew York Court of Appeals · 1890
- Dooley v. MoanNew York Supreme Court · 1890
- Penobscot Boom Corp. v. LamsonSupreme Judicial Court of Maine · 1839
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