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WEINBERGER v. PHILLIPS

69 F.Supp. 910 (1947)

WEINBERGER v. PHILLIPS.

District Court, S. D. New York.

February 17, 1947.

Attorney(s) appearing for the Case

Nathan Messinger, of New York City (Norman P. S. Schloss and I. Russell Stein, both of New York City, of counsel), for plaintiff.

David Kugel, of New York City (Herman Mendes, of New York City, of counsel), for defendant.

GALSTON, District Judge.

The jury having returned a verdict in favor of the plaintiff in the sum of $76,347.88, decision was reserved on defendant's motions to set aside the verdict and for a dismissal of the complaint.

The alleged contract was oral. There was no writing or other memorandum signed by the defendant. The plaintiff had married a daughter of the decedent. Since the action is brought against the executrix

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