Lerche v. . Brasher
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the second judicial department, made September 22, 1885, which affirmed an order of the trial court granting a motion made on the minutes for a new trial. (Reported below, 37 Hun, 385.) The nature of the action, and the material facts are stated in the opinion. There was no error in regard to the admission of evidence concerning the lost power of attorney.
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Appeal from order of the General Term of the Supreme Court, in the second judicial department, made September 22, 1885, which affirmed an order of the trial court granting a motion made on the minutes for a new trial. (Reported below, 37 Hun, 385.) The nature of the action, and the material facts are stated in the opinion. There was no error in regard to the admission of evidence concerning the lost power of attorney. (Code, § 933.) The ground for the exclusion of evidence, made competent by section 933 of the Code, must be made out by the party alleging its incompetency as to the particular…
1Opinion of the CourtFinch, J.
The plaintiff brought this action, claiming to recover about $2,600 as compensation for services rendered to Mr. Van Wyclc, the defendant’s testator, in the character of his agent and attorney. The contract of employment was proved, beyond all question, by evidence wholly uncontradicted, and of a kind open to no criticism. The services rendered began a few days before January 14, 1880, on which day the plaintiff collected a judgment of about $500 in favor of Van Wyck.
On that day the latter, by a written instrument, the signature to which was proven and not questioned, appointed plaintiff his…
2Cited by44 opinions
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- Clift v. . MosesNew York Court of Appeals · 1889
- Conkling v. . WeatherwaxNew York Court of Appeals · 1905
- Ah How v. FurthWashington Supreme Court · 1896
- Noah v. . Bowery Savings BankNew York Court of Appeals · 1919
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