Legal Opinion
Schamberg v. Whitman
City of New York Municipal Court
Decided January 15, 1912PublishedCited by 1 opinion
Motion to strike out certain allegations of the complaint in an action by a surgeon to recover for professional services.
1Opinion of the CourtLa Fetba, J.
This is an action by a surgeon to recover the reasonable value of his services after a refusal by the patient to pay the amount demanded. The patient (the defendant) moves to strike out many of the allegations of the complaint, as he will otherwise he compelled to answer them.
The complaint discloses information which was acquired hy the plaintiff while attending the defendant in his professional capacity and which was necessary to enable him to act in that capacity. The defendant contends that section 834 of the Code of Civil Procedure is a rule of evidence; that it does not relate…
2Cases cited5 opinions
- Davis v. . Supreme Lodge, Knights of HonorNew York Court of Appeals · 1900
- B.L., T. S.D. Co. v. . K.T. M.M.A. Assn.New York Court of Appeals · 1891
- Beglin v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1903
- Loucks v. GalloglyAlbany City Court · 1892
- McGillicuddy v. Farmers' Loan & Trust Co.New York Supreme Court · 1899
3Cited by1 opinion
- In re the Application for Letters of Administration on the Goods, Chattels & Credits of McMullenNew York Surrogate's Court · 1914