Hurlburt v. . Hurlburt
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered June 2, 1890, which denied a motion for a new trial made by plaintiffs on exceptions ordered to be heard in the first instance at General Term, and directed judgment on a verdict in favor of defendant. The nature of the action and the facts, so far as material,. are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered June 2, 1890, which denied a motion for a new trial made by plaintiffs on exceptions ordered to be heard in the first instance at General Term, and directed judgment on a verdict in favor of defendant. The nature of the action and the facts, so far as material,. are stated in the opinion. It was error for the court to permit David S. Aldrich, an attorney and counsellor, to state the conversation that took place between plaintiff’s intestate and him, as the communications made to him were…
1Opinion of the CourtEarl, J.
This action was brought to recover the sum of $6,682, with interest thereon, which it is alleged Charles F. Hurlburt, the plaintiffs’ intestate, placed in the hands of his son Theron, defendant’s intestate, as his agent, and for his ' benefit, in the latter part of the year 1881. Theron was a son of Charles, and he died December 25, 1883, and Charles died January 6, 1884.
The defendant claimed that the money was a gift to her husband, and that he was never under any obligation to repay the same. The plaintiffs were unable to produce any writing of any kind evidencing any obligation on the part…
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