Legal Opinion

Van Allan v. Gordon

New York Supreme Court

Decided December 15, 1895Published

Appeal by the .defendant, Alexander F. Gordon, as executor, etc., of John H. Gordon, deceased, from so much of an order of the County Court of Monroe county, entered in the office of the cleric of the county of Monroe on the 26th day of June, 1895, as imposed upon the defendant, as a condition for the granting of the motion to amend his answer herein, the requirement that he pay the plaintiff the amount of the plaintiff’s disbursements incurred in the action since the trial…

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Appeal by the .defendant, Alexander F. Gordon, as executor, etc., of John H. Gordon, deceased, from so much of an order of the County Court of Monroe county, entered in the office of the cleric of the county of Monroe on the 26th day of June, 1895, as imposed upon the defendant, as a condition for the granting of the motion to amend his answer herein, the requirement that he pay the plaintiff the amount of the plaintiff’s disbursements incurred in the action since the trial thereof in the Municipal Court of the city of Rochester and fifty dollars costs in addition thereto.

1Opinion of the Court

Ward, J.:

This action was commenced in the Municipal Court of the city of Rochester in February, 1893, and the complaint alleged that the then plaintiff, Robert A. Yan Allan, was a practicing physician and surgeon regularly authorized to practice as such under the laws of this State, and that he had rendered professional services as such and furnished medicine to the then defendant John H. Gordon for which he claimed judgment for $625. The defendant answered, *501admitting that the plaintiff was such physician and surgeon, but denied the rendition of the services as claimed, and for a further…

2Cases cited1 opinion

  1. In re Rockwell's WillNew York Supreme Court · 1890

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