Taylor v. Barnett — 194 N.Y. 551

Majority

p. 551

Kendrick Taylor, Respondent, v. John W. Barnett, as Executor of Betsey A. Barnard, Deceased, et al., Appellants.

Headnote

Taylor v. Barnett, 117 App. Div. 917 , affirmed.

(Argued January 11, 1909;

decided January 26, 1909.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 24, 1907, affirming a judgment in favor of plaintiff entered upon the report of a referee in an action for services alleged to have been rendered a decedent.

E. W. Cregg, F. J. Cregg and E. N. Wells for appellants.

Lorenzo D. Tyler for respondent.

p. 552

Judgment affirmed, with costs, on the ground that there is some evidence of non-payment, the question of the burden of proof as to payment not being passed upon; no opinion.

Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Haight, Yann, Werner and Hiscock, JJ.