Douglas v. Reynard
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, First District. Action by Walter G. Douglas against George C. Reynard. From a judgment for plaintiff, he appeals. Modified and affirmed.
1Opinion of the CourtBijur, J.
Plaintiff sued for the value of professional services rendered as a dentist to defendant and his wife. At the opening of the trial defendant paid into court $150; and as defendant’s own expert testified that the services were reasonably worth the sum of $203, the court gave judgment to the plaintiff for $53, being the balance over and above the amount paid into court.
While section 148 of the Municipal Court Act permits payment into court before answer, it does not permit the payment after answer, as here, to deprive plaintiff of his right to a judgment for the full amount, with costs. Wiener…
2Cases cited3 opinions
- Rumpf v. SchiffAppellate Terms of the Supreme Court of New York · 1908
- Stieglitz v. CohenAppellate Terms of the Supreme Court of New York · 1910
- Wiener v. AuerbachAppellate Terms of the Supreme Court of New York · 1906