Nicoll v. Haas
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Henry D. Nicoll, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 2d day of March, 1896, denying his motion for an order directing that the issues in the action be referred to a referee to hear and determine the same.
1Opinion of the Court
Barrett, J. :
The complaint embraces two causes of action.
The plaintiff’s first cause of action is not upon an account stated. It is for professional services rendered by the plaintiff, a physician, and his two assistants. Under the averments upon that head, the plaintiff will be required to prove every one of the numerous items of his special bill of particulars. After fully alleging the facts constituting his cause of action for these professional services, the plaintiff adds these unnecessary and irrelevant words: “All of which stands as 'account stated by bills rendered and agreed to.” The…
2Cases cited1 opinion
- Richards v. StokesAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by3 opinions
- Federal Fuel Co. v. MacyNew York Supreme Court · 1927
- Smith v. KinneyOregon Supreme Court · 1914
- Smith v. New York Central & Hudson River RailroadNew York Supreme Court · 1899