Eisenlord v. . Snyder
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of defendants, entered upon the report of a referee. This action was brought against defendants as executors of the will of Margaret A. Wagner, deceased, to recover for services alleged to have been rendered by plaintiff for the deceased.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of defendants, entered upon the report of a referee. This action was brought against defendants as executors of the will of Margaret A. Wagner, deceased, to recover for services alleged to have been rendered by plaintiff for the deceased. The referee found substantially the following facts, among others: The deceased was the second wife of Peter J. Wagner. The plaintiff was a relation of Wagner and of his first wife. After the marriage of Wagner to his second wife,…
1Opinion of the CourtRapallo, J.
The defendants’ testatrix was at the time of contracting the alleged debt a married woman. It was necessary to the maintenance of this action to establish not only that she agreed to pay the plaintiff for her services, but that such services were for the benefit of the separate estate of the testatrix, or that it was a part of the alleged contract for the services, that plaintiff’s compensation should be a charge upon such, separate estate. The referee has found adversely to the plaintiff on all these points. He finds that the testatrix and her husband, while plaintiff was living in their…
2Cases cited2 opinions
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- Maxon v. . ScottNew York Court of Appeals · 1873
3Cited by6 opinions
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- Spraker v. DowNew York Supreme Court · 1888
- Ferdon v. MillerNew Jersey Court of Chancery · 1881
- Johnston v. PeugnetNew York Supreme Court · 1879
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