Legal Opinion

Moore v. Murphy

City of New York Municipal Court

Decided December 1, 1938Published

1Opinion of the CourtMcNulty, J.

The pleadings are oral and the complaint alleges the performance of the services at the defendant’s request and her promise to pay. The answer is a general denial.

At the trial of the action it was conceded that services were rendered and that the fair and reasonable value therefor was $500, the amount sued for. The defendant rehed solely on the failure of any promise to pay as a defense to the action.

Marvin Murphy, the decedent, became ill and on September 20, 1937, went to the Presbyterian Hospital, accompanied by his wife, the defendant herein. In her presence arrangements were made to…

2Cases cited7 opinions

  1. Bodner v. FeitAppellate Division of the Supreme Court of the State of New York · 1936
  2. In re the Judicial Settlement of the Intermediate Account of Proceedings of BurtAppellate Division of the Supreme Court of the State of New York · 1938
  3. Apostle v. PappasNew York Supreme Court · 1935
  4. In re the Estate of BurtNew York Surrogate's Court · 1936
  5. Hazard v. PottsAppellate Terms of the Supreme Court of New York · 1903

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