Deeves v. Lockhart
The Superior Court of New York City
Appeal by the plaintiff from a judgment against him for costs, on a verdict rendered under the direction of the trial judge, and also from an order denying the plaintiff’s motion for a new trial. The facts appear in the opinion. I. The payment by plaintiff of the defendant’s charges for his services as surgeon, was tantamount to a former recovery.
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Appeal by the plaintiff from a judgment against him for costs, on a verdict rendered under the direction of the trial judge, and also from an order denying the plaintiff’s motion for a new trial. The facts appear in the opinion. I. The payment by plaintiff of the defendant’s charges for his services as surgeon, was tantamount to a former recovery. This suit to recover damages is the same, so far as the principles are involved, though not eo nomine, as a suit to recover back money voluntarily paid, and should be governed by the decisions on those subjects. II. A former recovery for services as…
1Opinion of the Court
By the Court.
O’Gorman, J.
The action was brought to recover damages from the defendant, who was a veterinary surgeon, by reason of his alleged unskillfulness, carelessness and neglect in his treatment of plaintiff’s horse. The defendant, in his answer, denied such unskillfulness and negligence.
It appeared by the evidence of the plaintiff that, before the commencement of this action, he had been sued by *304the defendant for payment of his professional services in the treatment of plaintiff’s horse, and that before the return day of the summons, the plaintiff had paid the defendant’s demand. It was…
2Cases cited6 opinions
- Peyser v. Mayor of New YorkNew York Court of Appeals · 1877
- Webb v. . BuckelewNew York Court of Appeals · 1880
- Palmer v. . HusseyNew York Court of Appeals · 1882
- Schwinger v. . RaymondNew York Court of Appeals · 1880
- Quincey v. . WhiteNew York Court of Appeals · 1875
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