Forbes v. Chichester
New York Supreme Court
Appeal from special term, Kings county. Action by William S. Forbes against Theodore Chichester, executor of Robert Lenox Kennedy, deceased, for medical services rendered by plaintiff to decedent. Plaintiff had been decedent’s physician. He received a message from decedent to call and see him about going to Europe. Plaintiff and his wife went to Europe with decedent; the latter having first sent him a check, tickets, and a letter of credit.
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Appeal from special term, Kings county. Action by William S. Forbes against Theodore Chichester, executor of Robert Lenox Kennedy, deceased, for medical services rendered by plaintiff to decedent. Plaintiff had been decedent’s physician. He received a message from decedent to call and see him about going to Europe. Plaintiff and his wife went to Europe with decedent; the latter having first sent him a check, tickets, and a letter of credit. During the passage, decedent expressed his pleasure at having plaintiff with him, and said that he wanted him with him, or within telegraphic call, but…
1Opinion of the CourtPratt, J.
If it be conceded that the plaintiff’s contention is right, that the referee, before granting a nonsuit, was bound to view the evidence for the plaintiff in the most favorable light, and that, if there were any legitimate inferences upon which to base a judgment in favor of plaintiff, such a judgment should have been rendered, we fail to find any error. There was an utter failure to make out a case proper to be submitted to a jury. The referee was not bound to pick out a piece or two of the evidence, and hold that an inference in favor of the plaintiff might be drawn from that, and render…
2Cited by2 opinions
- Rowland v. HowardNew York Supreme Court · 1894
- Sanford v. Story, New York County Courts1896