Caldwell v. . Nicolson

Hiscock, Ch. J.

This case has reached by a somewhat unusual course its present stage at which we are called on to consider the correctness of a judgment dismissing the complaint.

The complaint set out four alleged causes of action in favor of plaintiff’s testatrix against defendant’s testator. Of these, one was upon an alleged promise to pay $10,000 for services rendered by the former to the latter, a second for services, a third for money loaned, and a fourth upon an account stated. All of these claims were disputed and although the action was one at law it was by some arrangement tried before…