Appellate Division of the Supreme Court of New York, 1942

In re Michaels

In re Michaels
Appellate Division of the Supreme Court of New York · Decided November 16, 1942
265 A.D. 871; 38 N.Y.S.2d 38; 1942 N.Y. App. Div. LEXIS 6257
In re Michaels

Opinion of the Court

The testimony of respondent’s daughter as to the agreement and the services rendered by respondent as housekeeper for deceased, although that of a person having a moral interest in the result, was nevertheless corroborated by decedent’s acknowledgment of the debt, contained in the book kept by the witness at decedent’s request, and the burden of proving nonpayment was not on the respondent. (Lerche v. Brasher, 104 N. Y. 157; Matter of Barry, 250 App. Div. 814.) Present — Hagarty, Johnston, Adel, Taylor and Close, JJ.

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