Bowe v. Gano
New York Supreme Court
This is an appeal by the defendant from a judgment rendered od the verdict of a jury. The plaintiff, an attorney and counselor of this court, rendered professional services for the defendant amounting in value, including disbursements, to the sum of $134.01. The defense was payment and the statute of limitations.
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This is an appeal by the defendant from a judgment rendered od the verdict of a jury. The plaintiff, an attorney and counselor of this court, rendered professional services for the defendant amounting in value, including disbursements, to the sum of $134.01. The defense was payment and the statute of limitations. The first service for which a charge was made was in 1861, and the last was in November, 1863. There were three payments made by the defendant on the bill: one of five dollars in 1865 ; one of five dollars in July, 1868, and a third of fifty dollars in July or August, of the same…
1Opinion of the Court
BooKes, J.:
The defendant made no request to have the case submitted to the jury on the evidence. Having omitted so to do, it may, perhaps, be a question whether the exception to the ruling of the court, in directing a verdict for the plaintiff, raises the point that the case was one proper for the consideration of the jury. In Bidwell v. Lament (17 How., 357), a nonsuit was directed against an exception. It was held that there should have been a request to submit the case to the jury, if the party had so desired. (See also, Clark v. The Mayor, 24 How., 333; Terry v. Bonesteel, 25 id., 422;…
2Cases cited11 opinions
- Washington, Alexandria, & Georgetown Steam-Packet Co. v. SicklesSupreme Court of the United States · 1861
- Sheldon v. . the Atlantic Fire and Marine Insurance Co.New York Court of Appeals · 1863
- Shoemaker v. . BenedictNew York Court of Appeals · 1854
- O'Neill v. . JamesNew York Court of Appeals · 1870
- Dows v. RushNew York Supreme Court · 1858
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