Fuller v. Kemp
New York Court of Common Pleas
Appeal from trial term. Action by Fraser 0. Fuller, plaintiff, against Edward Kemp, Jr., defendant, to recover a balance due on account. From a judgment ,for plaintiff, entered on a verdict of a jury, defendant appeals.
1Opinion of the CourtBischoff, J.
The facts, so far as they appear from the agreed statement made for the purposes of the trial, are as follows: Plaintiff, a physician, performed services as such at the request of the defendant, without any express previous understanding as to the rate of compensation to be charged and paid. For these services plaintiff rendered a bill amounting to $670, on receipt of which defendant wrote to plaintiff expressing surprise at the amount, requesting him to give the matter his attention, and to send a corrected bill. In compliance with this request, plaintiff rendered an itemized bill, the…
2Cases cited4 opinions
- Casey v. CavarocSupreme Court of the United States · 1878
- Jaffray v. . DavisNew York Court of Appeals · 1891
- Kromer v. . HeimNew York Court of Appeals · 1879
- Palmerton v. HuxfordNew York Supreme Court · 1847
3Cited by5 opinions
- Nassoiy v. TomlinsonNew York Supreme Court · 1892
- Wm. J. Lemp Brewing Co. v. SecorSupreme Court of Oklahoma · 1908
- Jacobs v. DayNew York Court of Common Pleas · 1893
- Hyland v. AndersonNew York Court of Common Pleas · 1892
- People v. Consolidated Indemnity & InsuranceAppellate Division of the Supreme Court of the State of New York · 1931