Hanford v. Higgins
The Superior Court of New York City
This action comes before the General Term, on appeal by the defendant from the judgment. It was tried before Mr. Justice Bosworth and a jury, in June, 1856, when a verdict was rendered for the plaintiff for $500 damages.
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This action comes before the General Term, on appeal by the defendant from the judgment. It was tried before Mr. Justice Bosworth and a jury, in June, 1856, when a verdict was rendered for the plaintiff for $500 damages. The complaint states two causes of action: 1. As assignee of Wm. 0. Mead, for board of and nursing one William C. Hetzell, from September, 1854, to June, 1855, at defendant’s request, and on his promise to pay therefor, the sum claimed, over and. above all payments made on account thereof, being $334. 2. For attendance by the plaintiff, as physician and surgeon, upon said…
1Opinion of the CourtBy the Court. Slosson, J.
The charge to the Jury presented the questions, involved in this case, as favorably to the defendant as a correct exposition of the law admitted of, in respect to both claims, and under the charge, their finding is conclusive upon these points. 1st. That Mrs. Mead undertook the care and boarding of Hetzell, relying solely on the defendant’s promise that the expense thereof would be paid by him. 2d. That the plaintiff’s services were rendered on the faith of a like promise. This takes the case out of the statute.
It is impossible to say, from the amount of the verdict, at what *448rate the board,…
2Cases cited1 opinion
- Flanders v. CroliusThe Superior Court of New York City · 1852
3Cited by2 opinions
- West v. O'HaraWisconsin Supreme Court · 1882
- McCaffil v. RadcliffThe Superior Court of New York City · 1865