Schopen v. Baldwin
New York Supreme Court
Appeal from circuit court. . Action by Emil Schopen against Homer E. Baldwin to recover for services rendered by plaintiff as a physician. From a judgment entered on a verdict in favor of plaintiff, defendant appeals.
1Opinion of the CourtCullen, J.
This is an appeal from a judgment for the plaintiff entered cn the verdict of the jury. The action is brought by a physician to recover for professional services, and the complaint presents the claim in a double aspect,—both for an agreed price, and also on a quantum meruit. The answer admits the services, but. denies the special contract as to price, and also denies the value, alleged; averring that the services were not worth more than the sum of $1,000, more than which sum had been paid to the plaintiff. The court submitted the claim to a jury in both aspects, and, as the jury found a…
2Cases cited5 opinions
- Blair v. . BartlettNew York Court of Appeals · 1878
- Gates v. . PrestonNew York Court of Appeals · 1869
- Bellinger v. CraigueNew York Supreme Court · 1860
- Chatfield v. . SimonsonNew York Court of Appeals · 1883
- Sill v. RoodNew York Supreme Court · 1818
3Cited by3 opinions
- Harrell v. Bonfils Improvement Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Clifton Springs Sanitarium Co. v. DevoystNew York Supreme Court · 1930
- Elebach v. WeedAppellate Terms of the Supreme Court of New York · 1899