New York Supreme Court February 12, 1894 (Forbes v. Kennedy)

CULLEN, J.

This is an appeal from a judgment entered upon the report of a referee on a disputed claim against the estate of a deceased person. The report was confirmed at special term. When this case was before the court on a prior appeal we were of opinion that there was no evidence sufficient to make out the plaintiff’s case. Our judgment was reversed by the court of appeals, (125 N. Y.