Larkins v. McGinley
Appellate Terms of the Supreme Court of New York
Action by Bridget Larkins against Edward T. McGinley, as executor of the will of Bridget Harrington, deceased. From a Municipal Court judgment in favor of defendant, plaintiff appeals. Affirmed. Burn-ham Kalisch, for appellant. Mulqueen & Mulqueen, for respondent.
1Opinion of the CourtBischoff, J.
This action is brought against the executor of the last will and testament of one Bridget Harrington, deceased, for services alleged to have been performed by the plaintiff to said deceased, based upon her promise to pay therefor. Nothing' is involved herein but a question of fact, to be determined by the trial court, based upon all the facts and circumstances shown by the testimony and the reasonable inferences to be drawn therefrom. Upon a former trial (88 N. Y. Supp. 153) the complaint was dismissed, and upon appeal this court reversed, holding that the court below should have considered…
2Cases cited2 opinions
- Schlesinger v. JudAppellate Division of the Supreme Court of the State of New York · 1901
- Larkins v. McGinleyAppellate Terms of the Supreme Court of New York · 1904