In re the Estate of Cogswell

Appellate Division of the Supreme Court of New York

In re the Estate of Cogswell

247 A.D. 856

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 15, 1936

StatusPublished

This text of 247 A.D. 856 (In re the Estate of Cogswell) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Estate of Cogswell, 247 A.D. 856 (N.Y. Ct. App. 1936).

Pincite

Opinion

Decree affirmed, with costs. Memorandum: While the evidence fails to show that decedent ever authorized the writing of the alleged letter to the claimant by Neil C. Ensworth, there is evidence which would warrant a finding that the decedent ratified its terms. [857]*857The award cannot be upheld upon the strength of the letter, however, because its loss is not satisfactorily shown, and secondary evidence of its contents was, therefore, improperly received. We may disregard this error, however, and affirm the award because there is ample evidence, outside of the letter, which establishes the contract forming the basis of this claim. All concur. (The decree allows a claim for services.) Present — Sears, P. J., Taylor, Edgcomb, Thompson and Crosby, JJ.

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Decree affirmed, with costs. Memorandum: While the evidence fails to show that decedent ever authorized the writing of the alleged letter to the claimant by Neil C. Ensworth, there is evidence which would warrant a finding that the decedent ratified its terms. [857]*857The award cannot be upheld upon the strength of the letter, however, because its loss is not satisfactorily shown, and secondary evidence of its contents was, therefore, improperly received. We may disregard this error, however, and affirm the award because there is ample evidence, outside of the letter, which establishes the contract forming the basis of this claim. All concur. (The decree allows a claim for services.) Present — Sears, P. J., Taylor, Edgcomb, Thompson and Crosby, JJ.

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Bluebook (online)

247 A.D. 856, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-cogswell-nyappdiv-1936.