Ellison v. Sessions
New York Court of Common Pleas
Appeal from city court, general term. • Action by Charles B. Ellison against Eunice M. Sessions to recover services as a physician rendered to defendant, a married woman, in the year 1877, and afterwards. The defense was a general denial, coverture, and the statute of limitations. The plaintiff recovered the full amount. The defendant moved for a new trial, which was denied, and the order denying such motion was affirmed by the general term.
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Appeal from city court, general term. • Action by Charles B. Ellison against Eunice M. Sessions to recover services as a physician rendered to defendant, a married woman, in the year 1877, and afterwards. The defense was a general denial, coverture, and the statute of limitations. The plaintiff recovered the full amount. The defendant moved for a new trial, which was denied, and the order denying such motion was affirmed by the general term. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtDaly, C. J.
The appeal to this court being from the judgment alone, questions of law only, presented by exceptions duly taken, can be considered. There was evidence on which the jury could find that the employment of the plaintiff by defendant upon the pledge of her individual credit took place prior to the rendition of all the services for which this action was brought. There was, nevertheless, room for question upon this point growing out of the fact that this arrangement was made concededly in view of the failure in business of the defendant’s husband, and such failure took place, according *109to the…
2Cited by1 opinion
- Hallock v. BaconNew York Supreme Court · 1892