Kennedy v. Mulligan
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Lawrence Mulligan and another, as executors, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 23d day of March, 1916, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 27th day of March, 1916, denying defendants’ motion for a new trial made upon the minutes, with notice of an intention to bring up for review an order entered in…
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Appeal by the defendants, Lawrence Mulligan and another, as executors, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 23d day of March, 1916, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 27th day of March, 1916, denying defendants’ motion for a new trial made upon the minutes, with notice of an intention to bring up for review an order entered in said clerk’s office on the 17th day of March, 1916, granting plaintiff interest on the jury’s verdict.
1Opinion of the Court
Smith, J.:
The plaintiff in this case is a physician suing to recover for services alleged to have been rendered by him to Timothy D. Sullivan prior to his death during his incompetency. Before the death of Mr. Sullivan the plaintiff presented a claim to the committee for $2,800 for his services, and upon the death of Mr. Sullivan filed a similar claim with the defendants. In both cases the claim was rejected. The plaintiff then sued for his services, and from a recovery in that action this appeal is taken.
*860Upon the trial of the action the plaintiff took the stand, in his own behalf and…
2Cases cited1 opinion
- Griswold v. . HartNew York Court of Appeals · 1912
3Cited by1 opinion
- Walize v. MortonAppellate Division of the Supreme Court of the State of New York · 1927