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16 N.Y.S. 541

Healy v. Murphy

City of New York Municipal Court

Decided September 21, 1891

City of New York Municipal Court · decided 1891-09-21

Action by Kate Healy against Patrick Murphy, as administrator of Robert Murphy, deceased, to recover for services alleged to have been performed by ■plaintiff for decedent of the value of $156; for board furnished to decedent for one month, $25; for money expended for decedent at his request, $45; and money loaned to decedent, $50; the aggregate of which several claims, together with interest, amounted to $306.36.

Relies on Woodin v. Bagley · Comstock v. Olmstead · 9 How. Pr. 350 - Cruikshank v. Cruikshank

Decided 1891-09-21

Ehrlich, C. J.

¶1The claim was $276, and, with interest, $306.36. The recovery was $93. A demand so materially reduced was not unreasonably resisted. Russell v. Lane, 1 Barb. 519; Bailey v. Schmidt, 5 N. Y. Supp. 405; Cruikshank v. Cruikshank, 9 How. Pr. 350; Johnston v. Myers, 103 N. Y. 666, 9 N. E. Rep. 55; Woodin v. Bagley, 13 Wend. 453; Comstock v. Olmstead, 6 How. Pr. 77; Buckhout v. Hunt, 16 How. Pr. 407; Daggett v. Mead, 11 Abb. N. C. 116. The plaintiff is entitled to the disbursements, but the motion for costs will be denied. No costs.

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