Legal Opinion

Foy v. County of Westchester

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1901Published

Appeal by the plaintiff, Michael H. Foy, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Westchester on the l'2th day of November, 1900, upon the decision of the court rendered after a trial at the Westchester Special Term.

1Opinion of the Court

Goodrich, P. J.:

The complaint alleges that the plaintiff performed services as a physician and surgeon in making jpost-mortem examinations at inquests and examinations held by the coroners in the county of Westchester and at their request; that the defendant agreed to pay for each examination twenty dollars, and that the defendant “ audited and allowed for each of said post-mortem examinations the sum of ten dollars, which this plaintiff refused and still refuses to receive, for the reason that it isn’t the value of such services.” The defendant demurs on the ground that the complaint does…

2Cases cited3 opinions

  1. People Ex Rel. Brown v. . B'd of Apportionm't.New York Court of Appeals · 1873
  2. Kennedy v. County of QueensAppellate Division of the Supreme Court of the State of New York · 1900
  3. People ex rel. Martin, Bing & Co. v. County of WestchesterAppellate Division of the Supreme Court of the State of New York · 1901

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