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Oberstein v. Diack

65 N.Y.S. 1142 Court N.Y. App. Term Decision date 1900-06-28 English

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p. 1142
OBERSTEIN et al., Respondents, v. DIACK, Appellant.
(Supreme Court, Appellate Term.
June 28, 1900.)

Headnote

Action by Abraham Oberstein and another against Susan M. Diack. From a judgment in favor of the plaintiffs, defendant appeals. Reversed. Charles M. Morgan & Son, for appellant. Leon Sanders, for respondents.

From the judgment it seems that the justice found $200 a fair charge for the services claimed to have been rendered for defendant. The evidence does not warrant the finding, as there is no evidence of the value of the wife’s interest in the policy. From the evidence it is not clear that the services were rendered for the defendant. Judgment reversed, and new trial ordered, with costs to appellant to abide the event.