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Hildebrandt v. Rochester Trust & Safe-Deposit Co.

65 N.Y.S. 1135 Court N.Y. App. Div. Decision date 1900-06-12 English

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p. 1135
HILDEBRANDT, Plaintiff, v. ROCHESTER TRUST & SAFE-DEPOSIT CO., Defendant.
(Supreme Court, Appellate Division, Fourth Department.
June 12, 1900.)

Headnote

Action by Mary A. Hildebrandt against the Rochester Trust & Safe-Deposit Company, as administrator, etc.

Plaintiff’s exceptions sustained, and a motion for a new trial granted, with costs to the plaintiff to abide event. Held that, under the evidence in the case, the question as to whether there was an express contract upon the part of the defendant’s intestate to pay the plaintiff for at least some of the services rendered by her was a question for the jury.