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Pugh v. Schapiro

280 A.D. 1018 Court N.Y. App. Div. Decision date 1952-11-17 English

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p. 1018
William H. Pugh, Respondent, v. Joe Schapiro et al., as Executors of William J. Holbert, Deceased, Appellants. Joe Schapiro et al., as Executors of William J. Holbert, Deceased, Plaintiffs, v. William H. Pugh et al., Defendants.

Appeal by defendants-appellants from a judgment of the Supreme Court, Madison County, rendered in plaintiff’s favor on a jury verdict at trial term. The plaintiff’s proofs presented a question of fact as to the fact of the account stated upon which plaintiff sued, and the jury’s verdict is sufficiently supported by evidence. Judgment affirmed, with costs. Foster, P. J., Brewster, Bergan and Coon, J J., concur; Heffernan, J., taking no part.