Banes v. Rainey
Appellate Division of the Supreme Court of the State of New York
Appeal by tlie plaintiff, Samuel Thompson Banes, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 27th day of December, 1907, pursuant to an order entered in said clerk’s office on the 24th day of December, 1907, confirming the report of a referee and dismissing the complaint; and also from the said order pursuant to which judgment was entered.
1Opinion of the Court
Scott, J.:
Appeal from order dismissing complaint and from judgment of dismissal
Plaintiff, a Philadelphia physician, sues for services rendered to W. T. Rainey, defendant’s testator, on divers days between March 28, 1900, and September 7, 1903, at the rate of $300 per diem, his claim in this behalf amounting to $31,200.
The basis of his claim is an alleged contract in writing said to have been executed by tlie deceased on September 10,1898, whereby said deceased agreed to pay plaintiff the sum of $300 for each day that plaintiff should be in actual attendance upon him. After the. death of W. T.…
2Cases cited1 opinion
- Jones v. SabinAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by2 opinions
- Kirsch v. Herculean Products Co.Appellate Division of the Supreme Court of the State of New York · 1923
- Kroll v. Associated Operating Co.Appellate Division of the Supreme Court of the State of New York · 1913