Sherman v. Skuse
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, James F. Sherman, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Monroe on the 10th day of February, 1899, upon the decision of the court, rendered after a trial a.t the Monroe Special Term, dismissing the complaint.
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Appeal by the plaintiff, James F. Sherman, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Monroe on the 10th day of February, 1899, upon the decision of the court, rendered after a trial a.t the Monroe Special Term, dismissing the complaint. The plaintiff is a physician and recovered .a judgment against the: defendant Frank Skuse for medical services. ■ Francis E". Skuse, the father of said defendant, died in 1892, leaving a last will and testament in and by which lie appointed four of his sons executors and also trustees…
1Opinion of the Court
Spring, J.:
It is conceded that the services rendered by the plaintiff for the ■defendant Frank Skuse were proper and necessary. The defendant- had been in the habit of indulging in periodic sprees, and after •each debauch he collapsed and the treatment was administered in the endeavor to brace him up and to restore him to some degree of vigor, mentally as well as physically.
A bill for services of this precise kind was paid in 1895 by the trustees, and the claim represented by the judgment is for professional treatment since that .time. The defendant has resided the major portion of the time…
2Cases cited3 opinions
- Williams v. . ThornNew York Court of Appeals · 1877
- McArthur v. . GordonNew York Court of Appeals · 1891
- Howard v. LeonardAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by1 opinion
- In re the Accounting of WestAppellate Division of the Supreme Court of the State of New York · 1944