Hill v. McCafferty

Appellate Terms of the Supreme Court of New York

Hill v. McCafferty

99 N.Y.S. 1140

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 1, 1906

StatusPublished

This text of 99 N.Y.S. 1140 (Hill v. McCafferty) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hill v. McCafferty, 99 N.Y.S. 1140 (N.Y. Ct. App. 1906).

Pincite

Opinion

GILDERSLEEVE, J.

The verdict in favor of plaintiff is clearly against the weight of evidence. The testimony of plaintiff unquestionably concerns a personal transaction between himself and the deceased, and comes within the prohibition of section 829 of the Code. This is the only evidence in any way tending to show the rendering of the extra services claimed. The plaintiff admits he has been fully paid for his services as coachman, and there is no competent evidence that he rendered any extra services as attendant in taking care of the deceased during the latter’s illness. The judgment and order must be reversed, and a new trial granted, with costs to appellant to abide the event. All concur.

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GILDERSLEEVE, J.

The verdict in favor of plaintiff is clearly against the weight of evidence. The testimony of plaintiff unquestionably concerns a personal transaction between himself and the deceased, and comes within the prohibition of section 829 of the Code. This is the only evidence in any way tending to show the rendering of the extra services claimed. The plaintiff admits he has been fully paid for his services as coachman, and there is no competent evidence that he rendered any extra services as attendant in taking care of the deceased during the latter’s illness. The judgment and order must be reversed, and a new trial granted, with costs to appellant to abide the event. All concur.

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Bluebook (online)

99 N.Y.S. 1140, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hill-v-mccafferty-nyappterm-1906.