Swan v. . Warner
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 13, 1908, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far' as material, are stated in the opinion. There was no evidence that any of the services charged in the account were rendered, and the admission of the account was reversible error.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 13, 1908, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far' as material, are stated in the opinion. There was no evidence that any of the services charged in the account were rendered, and the admission of the account was reversible error. (Morrill v. Whitehead, 4 E. D. Smith, 239.) There was no evidence that the ledger was properly kept, and the admission of the account was reversible error.…
1Opinion of the CourtHiscock, J.
This action was brought to recover for pro. fessional services as a physician claimed to have been rendered for the appellant by the respondent’s intestate. The account for which recovery was had consisted of many items and extended over a period of several months. With the exception of some very slight oral testimony which it is claimed established one of the items of the account, the evidence upon which the recovery was based consisted wholly of entries in books of account claimed to have been kept by the deceased during the period covered by the claim involved, and the only questions…
2Cases cited5 opinions
- Vosburgh v. ThayerNew York Supreme Court · 1815
- Sickles v. MatherNew York Supreme Court · 1838
- Tomlinson v. BorstNew York Supreme Court · 1859
- Dooley v. MoanNew York Supreme Court · 1890
- Van Name v. BarberAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by1 opinion
- Bellows v. BenderAppellate Terms of the Supreme Court of New York · 1914