Dennison v. Musgrave
Appellate Terms of the Supreme Court of New York
Appeal from a determination of the General Term of the Oity Court of the city of New York affirming a judgment entered upon the dismissal of the complaint at a trial term.
1Opinion of the CourtLeventkitt, J.
The question underlying this appeal is whether, on an allegation of an express contract to pay for services rendered, evidence, of facts establishing an implied contract, is admissible without amendment of the pleading.
The material portion of the complaint is thát “ he (plaintiff) rendered professional services to the said defendant, at her special instance and request, of the fair value of nine hundred dollars.” A general denial was interposed. There have been two trials of the action. Upon the first a verdict was directed for the defendant at the close of the plaintiff’s case, but the…
2Cases cited5 opinions
- Sussdorff v. . SchmidtNew York Court of Appeals · 1873
- Romeyn v. SicklesNew York Court of Appeals · 1888
- Reed v. . McConnellNew York Court of Appeals · 1892
- Fuld v. KahnNew York Court of Common Pleas · 1893
- Kreizer v. AllaireAppellate Terms of the Supreme Court of New York · 1896
3Cited by2 opinions
- Vedder v. LeamonAppellate Division of the Supreme Court of the State of New York · 1902
- Beldner v. Schendler Realty Co.Appellate Division of the Supreme Court of the State of New York · 1927