Danziger v. . Hoyt
New York Court of Appeals
Appeal from order of the G-eneral Term of the Supreme Court in the first judicial department, made the first Monday of June, 1887, which reversed a judgment in favor of plaintiff entered upon the report of a referee, and granted a new trial. The action was brought to recover for |>rofessional and other services alleged to have been performed by Rudolph Tauszky, at the request and in behalf of the defendant, and for money expended for her.
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Appeal from order of the G-eneral Term of the Supreme Court in the first judicial department, made the first Monday of June, 1887, which reversed a judgment in favor of plaintiff entered upon the report of a referee, and granted a new trial. The action was brought to recover for |>rofessional and other services alleged to have been performed by Rudolph Tauszky, at the request and in behalf of the defendant, and for money expended for her. The defendant, by her answer, admitted that he performed certain professional services at her request, and denied that they were of the value alleged in the…
1Opinion of the CourtBradley, J.
It must be assumed that the judgment was. reversed and the new trial granted by the General Term upon questions of law only, as it does not otherwise appear by the. order appealed from, and no question of fact is here for review. (Code, § 1338.) The main questions arise upon the exceptions, to the conclusions of law, and to the refusal to find as requested. The referee found that in 1883 and 1884, doctor Tauszky performed, for the defendant, professional services as a physician, also other services in the preparation and management of her-contest of the probate of the will of her father; that…
2Cases cited1 opinion
- Palmerton v. HuxfordNew York Supreme Court · 1847
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- Singleton v. Hartford Fire InsuranceCalifornia Court of Appeal · 1932
- New York & Cuba Mail S. S. Co. v. Texas Co.Court of Appeals for the Second Circuit · 1922
- Lium v. PloskiAppellate Division of the Supreme Court of the State of New York · 1982
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