Fuller v. Tolman
New York Supreme Court
Appeal from judgment on report of referee. Action by Truman K. Fuller against Margaret Tolman for the value of professional services. A judgment was rendered in favor of plaintiff, and defendant appeals. Henry B. Tolman, the defendant’s husband, died on the 12th of December, 1889, leaving a last will and testament, whereby he devised and bequeathed all his property, both real and personal, to her, and nominated her as executrix of the will.
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Appeal from judgment on report of referee. Action by Truman K. Fuller against Margaret Tolman for the value of professional services. A judgment was rendered in favor of plaintiff, and defendant appeals. Henry B. Tolman, the defendant’s husband, died on the 12th of December, 1889, leaving a last will and testament, whereby he devised and bequeathed all his property, both real and personal, to her, and nominated her as executrix of the will. At the time of his death he was owner of real estate of about 200 acres of a farm situated in the town of Lafayette, upon which he had spent the most of…
1Opinion of the CourtHardin, P. J.
Upon looking into the evidence we are satisfied that it sustains the finding of fact, made by the referee, to the effect that the plaintiff devoted 10 days in court and 45 days out of court in the service of the defendant, and that there is evidence fully sustaining the finding of the referee that the value of the services rendered by the plaintiff for the defendant was $1,250. Recognizing that this, court has the power to review the evidence, and to interfere with a. *641finding of fact made by a referee, as stated in Farren v. McDonnell, 74 Hun, 176, 26 N. Y. Supp. 619, and Baird v. Mayor,…
2Cases cited11 opinions
- Baird v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- People v. . HarrisNew York Court of Appeals · 1893
- Randall v. . PackardNew York Court of Appeals · 1894
- Garfield v. KirkNew York Supreme Court · 1873
- In re MasonNew York Supreme Court · 1891
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