Isaac M. Swasey, Appellant, v. Mary A. Berger, Respondent

Isaac M. Swasey, Appellant, v. Mary A. Berger, Respondent. (Argued October 27, 1890; decided December 2, 1890.) Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 15, 1888, which affirmed a judgment in favor of defendant entered upon the report of a referee. This action was brought to recover for services alleged to have been rendered by plaintiff, a physician, upon employry.ent as an expert by defendant in procuring and advising •about medical evidence upon the probate of a will which wag contested by defendant, on the ground of the mental incapacity of the testator. The employment was denied by defendant, and the referee found in his favor, upon testimony held by this court, after a full and careful analysis thereof, to be sufficient to sustain the finding J. L. Bennett for appellant. Scott Lord for respondent. [MAJORITY — Earl, J.,] Earl, J., reads for affirmance. All concur. Judgment affirmed.