Foster v. . Newbrough

Decided October 6, 1874

New York Court of Appeals · decided 1874-10-06

This action was upon an account for retainers and services of plaintiff, as attorney and counselor at law for defendant. Defendant, among other things, pleaded payment. Plaintiff, as a witness in his own behalf, testified to the employment and rendition of the services.

Cited by 1 later decisions — most recently February 1891

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1874-10-06

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Rapallo, J.

¶1 We find no error in the admission of evidence to explain the receipt dated November 19, 1870, and to show the consideration for which it was given; but we think the referee did err in admitting in evidence the copy of the letter alleged to have been sent with and attached to the receipt dated April 4, 1870, and also in rejecting the evidence offered by the defendant in rebuttal of that which had been given on the part of the plaintiff after the defendant had rested. We have carefully, examined the case and think that a new trial should be ordered.

¶2 Judgment reversed and new trial .ordered, with.costs to abide the event.

¶3 All concur.

¶4 Judgment reversed.