Delabarre v. McAlpin
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, George S. McAlpin, as executor, etc., of Sarah G. Nafew, deceased, from an interlocutory judgment of the Supreme 'Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 11th day of November, 1904, upon the decision of the court, rendered after a trial at the New York Special Term, sustaining the demurrer interposed by the plaintiff to the separate, further and partial defense set forth in the amended…
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Appeal by the defendant, George S. McAlpin, as executor, etc., of Sarah G. Nafew, deceased, from an interlocutory judgment of the Supreme 'Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 11th day of November, 1904, upon the decision of the court, rendered after a trial at the New York Special Term, sustaining the demurrer interposed by the plaintiff to the separate, further and partial defense set forth in the amended answer to the second cause- of action contained in the complaint.
1Opinion of the Court
Laughlim, J.:
The complaint contains two counts: The first is for the recovery of the sum of $2,120 for medical services rendered to the decedent between the 1st day of June, 1894, anjl the 19th day of March, 1901; the second is to recover the same amount on an account stated and evidently was intended to relate to the same services. . It is alleged that the account was stated between the plaintiff and the decedent on the 19th day of March, 1901, and that it was for medi*470cal services rendered by the plaintiff to her “ between June, 1894, and March, 1901,”. and that on the' statement of the…
2Cases cited9 opinions
- Young v. . HillNew York Court of Appeals · 1876
- Lockwood v. . ThorneNew York Court of Appeals · 1858
- Schutz v. . MoretteNew York Court of Appeals · 1895
- Chace v. TraffordMassachusetts Supreme Judicial Court · 1875
- Bucklin v. ChapinNew York Supreme Court · 1868
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3Cited by6 opinions
- Slayback v. AlexanderAppellate Division of the Supreme Court of the State of New York · 1917
- Boatner v. Gates Bros. LumberSupreme Court of Arkansas · 1955
- Gans v. HearstNew York Supreme Court · 1939
- Lord & Taylor v. HatchAppellate Division of the Supreme Court of the State of New York · 1912
- Willard v. LewisCity of New York Municipal Court · 1931
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