Bellows v. Bender
Appellate Terms of the Supreme Court of New York
Appeal from a judgment in favor of the plaintiff rendered by the Municipal Court of the city of New York, borough of Brooklyn, second district.
1Opinion of the CourtKapper, J.
To prove the claim of the plaintiff, a physician, against the' defendant executors for professional services rendered to their testator, the physician’s book of visits was admitted in evidence. As the right of the plaintiff to recover is based exclusively upon the book, it becomes necessary to scrutinize the testimony to determine whether or not error was committed in its admission.
The plaintiff was permitted to testify that the book in question was one in which he kept the accounts of patients visiting'him and whom he treated; that the entries were made by him on the respective dates shown…
2Cases cited7 opinions
- Vosburgh v. ThayerNew York Supreme Court · 1815
- Smith v. . SmithNew York Court of Appeals · 1900
- Davis v. SeamanNew York Supreme Court · 1892
- Russell v. HitchcockAppellate Division of the Supreme Court of the State of New York · 1905
- Stone v. CroninAppellate Division of the Supreme Court of the State of New York · 1902
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3Cited by4 opinions
- In re the Probate of a Paper Propounded as the Last Will & Testament of HermannNew York Surrogate's Court · 1914
- In re the Estate of DeSimoneNew York Surrogate's Court · 1934
- In re the Judicial Settlement of the Estate of ClodgoNew York Surrogate's Court · 1928
- In re Tiffany Lingerie, Inc. Ambassador Factors Corp.New York Supreme Court · 1960