Lubbee v. Hilgert
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Mathew Hilgert and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Mew York on the 14th day of January, 1909, upon the verdict of a jury for $3,000, and also from an order entered, in said clerk’s office on the 21st day of January, 1909, denying the defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Laughlin, J.:
This is an action' in the nature of an action for malpractice brought against the defendants on the theory that they hold themselves out to practice medicine and that they assumed to prescribe for and treat plaintiff and were guilty of malpractice in so doing.
The defendant corporation was incorporated under the laws of the State of Hew York on or about the 3d day of March, 1902, for the purpose, among other things, of manufacturing “ boots, shoes and general foot wear and external mechanical appliances for the restoration o'f health to the human body,” and to erect,, equip,…
2Cases cited4 opinions
- Wood v. BarkerMichigan Supreme Court · 1882
- Leitch v. . Atlantic Mutual Ins. Co.New York Court of Appeals · 1876
- Carter v. BakerU.S. Circuit Court for the District of California · 1871
- Gay v. Union Mut. Life InsuranceU.S. Circuit Court for the District of Connecticut · 1871
3Cited by6 opinions
- Ensign v. New York Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1923
- Taylor v. ShuffieldCourt of Appeals of Texas · 1932
- Morell v. VargasCivil Court of the City of New York · 1975
- Cohen v. RiesenbergAppellate Terms of the Supreme Court of New York · 1910
- People v. CossentinoNew York Court of Appeals · 1975
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