Holden v. Cooney
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Third District. Action by Warren B. Holden against Joseph M. Cooney. Erom a judgment of the Municipal Court in favor of plaintiff after trial before the court without a jury, defendant appeals;
1Per curiam
The plaintiff sues for professional services as a physician. The action was commenced on December 30, 1907. The services were alleged to have been rendered between Eebruary 20, 1900, and February 10, 1902. The answer alleged that no services were rendered subsequent to June 1, 1901, that plaintiff had been fully paid, and that plaintiff’s cause of action was barred by the statute of limitations. On the trial defendant proved a payment by check in December, 1901, of $30, which he claimed to have been in full to that date. Plaintiff had been defendant’s family physician for several years prior…
2Cases cited2 opinions
- Burdick v. HicksAppellate Division of the Supreme Court of the State of New York · 1898
- Burdick v. HicksAppellate Division of the Supreme Court of the State of New York · 1898