Mack v. Miller
Appellate Division of the Supreme Court of the State of New York
Appeal by the'defendant, Charles C. Miller, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 26th day of December, 1902, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 31st day of December, 1902, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hatch, J.:
This action is brought by an attorney at law to recover for legal services alleged to have been rendered to the defendants The complaint avers that the plaintiff rendered services for the defendant between the 12th and 30th days of January, 1900, and that the reasonable value of such services was the sum of $2,500. • The defendant by his answer puts'in issue the allegations of the complaint and then sets up two separate defenses: (1) That he paid $250 to the plaintiff in full for the services, and (2) that he paid $250 in full accord and satisfaction and discharge of the plaintiff’s…
2Cases cited4 opinions
- Nassoiy v. . TomlinsonNew York Court of Appeals · 1896
- Eames Vacuum Brake Co. v. . ProsserNew York Court of Appeals · 1898
- Logan v. DavidsonAppellate Division of the Supreme Court of the State of New York · 1897
- Logan v. . DavidsonNew York Court of Appeals · 1900
3Cited by2 opinions
- Farmers Loan & Trust Co. v. Park & TilfordNew York Supreme Court · 1925
- Le Page v. Lalance & Grosjean Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1904