Legal Opinion

Holcomb v. . Harris

New York Court of Appeals

Decided March 12, 1901PublishedCited by 15 opinions

Appeal from, a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 17, 1899, affirming a judgment in'favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.

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Appeal from, a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 17, 1899, affirming a judgment in'favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The statutes enlarging the property rights of married women in force at the time the contract in question was made enabled the plaintiff’s wife to contract for her own benefit, and the contract set forth in the complaint and proved on the trial, in whole or in part,…

1Opinion of the CourtBartlett, J.

This action was brought to recover for services rendered by the plaintiff’s wife and daughter to the testator and for damages arising from the breach of the contract of employment. The jury rendered a verdict for $2,000.00 in favor of plaintiff and the Appellate Division, with a divided court, affirmed the judgment entered thereon.

The testator, a resident of Troy, died in April, 1897 ; his only relative was Charles W. Harris, a nephew, the executor of his will and the defendant in this action.

The farnili.es of plaintiff and the testator were intimate and exchanged visits.

The plaintiff, in…

2Cited by15 opinions

  1. Georgia Railroad & Banking Co. v. TiceSupreme Court of Georgia · 1905
  2. People v. . AustinNew York Court of Appeals · 1910
  3. Eder v. CashinAppellate Division of the Supreme Court of the State of New York · 1953
  4. Mayorga v. TateAppellate Division of the Supreme Court of the State of New York · 2002
  5. Farrington v. RichardsonSupreme Court of Florida · 1944

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