Buck v. Amidon
New York Court of Common Pleas
Appeal by defendant from a judgment of the general term of the Marine Court, affirming a judgment entered, on the verdict of a jury at trial term. The action was brought to recover the value of services rendered by the plaintiff as a physician and surgeon, bestowed upon J. C. Amidon, the defendant’s brother, at the special instance and request of the defendant. The facts are stated in the opinion. The jury rendered a verdict for the plaintiff, on which judgment was entered.
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Appeal by defendant from a judgment of the general term of the Marine Court, affirming a judgment entered, on the verdict of a jury at trial term. The action was brought to recover the value of services rendered by the plaintiff as a physician and surgeon, bestowed upon J. C. Amidon, the defendant’s brother, at the special instance and request of the defendant. The facts are stated in the opinion. The jury rendered a verdict for the plaintiff, on which judgment was entered. The defendant appealed to this court.
1Opinion of the Court
By the Court.*—Daly, Ch. J.
—There is no conflict in respect to the facts in this case. There may be some little variation or difference between Dr. Buck and the defendant’s account of what occurred between them, but nothing that could materially affect the case. It is only that difference ordinarily found between two persons in narrating the same transaction, but not any difference as to the facts, which, as narrated by both, are substantially the same.
The defendant’s brother, J. C. Amidon, who was a resident of Groton, in Connecticut, had an affection of the bladder, for which he was…
2Cases cited2 opinions
- Larson v. WymanNew York Supreme Court · 1835
- Loomis v. SmithSupreme Court of Connecticut · 1845
3Cited by4 opinions
- Michigan College of Medicine v. CharlesworthMichigan Supreme Court · 1884
- Foster v. MeeksAppellate Terms of the Supreme Court of New York · 1896
- Falk v. WolfsohnNew York Court of Common Pleas · 1894
- Hicks v. ChittendenNew York Court of Common Pleas · 1886