Callahan v. O'Rourke
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Margaret O’Rourke, from a judgment of the County Court of Saratoga county in favor of the plaintiff, entered in the office of the clerk of the county of Saratoga on the 25th day of January, 1897, affirming a judgment of a justice of the peace, and also from an order entered in said clerk’s office on-the 25th day of January, 1897, affirming said judgment of the justice of the peace.
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Appeal by the defendant, Margaret O’Rourke, from a judgment of the County Court of Saratoga county in favor of the plaintiff, entered in the office of the clerk of the county of Saratoga on the 25th day of January, 1897, affirming a judgment of a justice of the peace, and also from an order entered in said clerk’s office on-the 25th day of January, 1897, affirming said judgment of the justice of the peace. The return of the justice recites that the “plaintiff makes complaint for medical services, 1895, for $44.50 upon an account stated.” The answer was a general denial. . • The evidence of…
1Opinion of the Court
JPbb Curiam :
The rendition of the plaintiff’s bill to the defendant, her payment thereon of five dollars and. proposal to- settle the same for. twenty dollars, are relied upon to establish an account- stated between the parties.
We do not think the facts proved are, under the circumstances of this case, sufficient to establish an account stated between the parties.
The plaintiff’s own evidence shows that all the services rendered by him were for the defendant’s, husband personally; there is no pretense' that the defendant ever employed him, or in any way sug-gested or requested that he attend…
2Cases cited1 opinion
- Field v. . KnappNew York Court of Appeals · 1888
3Cited by2 opinions
- Toric Optical Co. v. BechtoldAppellate Terms of the Supreme Court of New York · 1913
- Walker v. PixleyAppellate Division of the Supreme Court of the State of New York · 1917