Bacon v. Chapman
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Chester Chapman, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Oneida on the 27th day of October, 1902, upon the decision of the court, rendered after a trial at the Oneida Special Term, sustaining the plaintiff’s demurrer to the 4th and 5th paragraphs set up in the defendant’s answer, and also from an order entered in said clerk’s office on the 7th day of January,…
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Appeal by the defendant, Chester Chapman, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Oneida on the 27th day of October, 1902, upon the decision of the court, rendered after a trial at the Oneida Special Term, sustaining the plaintiff’s demurrer to the 4th and 5th paragraphs set up in the defendant’s answer, and also from an order entered in said clerk’s office on the 7th day of January, 1903, amending said interlocutory judgment.
1Opinion of the Court
Spring, J.:
The action is to recover for medical services alleged to have been rendered to the defendant by the plaintiff. The answer admits the rendition óf the services, but denies that they were of. the value claimed in the complaint, and contains also a general denial. The 4th count or paragraph is as follows:
“ IY. The defendant for a further answer, set-off, defense and counter to said complaint alleges that if said services were rendered as alleged in said complaint, said servicés were rendered and said medicines were furnished more than six years prior to the commencement of this…
2Cases cited4 opinions
- Lent v. New York & Massachusetts Railway Co.New York Court of Appeals · 1892
- Krower v. . ReynoldsNew York Court of Appeals · 1885
- Mallory v. LamphearNew York Supreme Court · 1853
- Newton v. BrowneCity of New York Municipal Court · 1893
3Cited by5 opinions
- Posner v. RosenbergAppellate Division of the Supreme Court of the State of New York · 1912
- McNamara v. PowellNew York Supreme Court · 1938
- Babcock v. AnsonAppellate Division of the Supreme Court of the State of New York · 1907
- In re the Accounting of EmburyNew York Supreme Court · 1959
- Donald v. GearhardtNew York Supreme Court · 1903