Blair v. . Bartlett
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, reversing a judgment in favor of plaintiff, entered upon a verdict. This action was against defendant, a physician and surgeon, for alleged malpractice.
Read the full summary
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, reversing a judgment in favor of plaintiff, entered upon a verdict. This action was against defendant, a physician and surgeon, for alleged malpractice. Defendant’s answer, as one defense, alleged, in substance," that he brought a prior action in justice’s court, before a justice having jurisdiction, against plaintiff herein to recover' his compensation for the services, in rendering which the alleged malpractice occurred ; that the complaint alleged the services worth twenty-eight dollars ; that…
1Opinion of the CourtForger, J.
The plaintiff sued the defendant for malpractice as a physician and surgeon. He obtained a verdict for $1,000. One of the defenses set up by the answer, and urged at the trial, was this : That the defendant had before that sued the plaintiff in a court of a justice of the peace; that the action there was for services rendered by him to the. plaintiff as a physician and surgeon; that he recovered a judgment therefor, which included the value of the same services that constituted the alleged malpractice; that the plaintiff appeared in that court and put in an answer to the complaint, but…
2Cases cited6 opinions
- Gates v. . PrestonNew York Court of Appeals · 1869
- Prindle v. . CaruthersNew York Court of Appeals · 1857
- Brown v. Mayor of New YorkNew York Court of Appeals · 1876
- Bellinger v. CraigueNew York Supreme Court · 1860
- Armstrong v. SmithNew York Supreme Court · 1865
1 more not listed; retrieve them via the Exa API.
3Cited by74 opinions
- Schuylkill Fuel Corp. v. B. & C. Nieberg Realty Corp.New York Court of Appeals · 1929
- Last Chance Mining Co. v. Tyler Mining Co.Supreme Court of the United States · 1895
- Reich v. . CochranNew York Court of Appeals · 1896
- Pace v. PerkAppellate Division of the Supreme Court of the State of New York · 1981
- Wandling v. StrawWest Virginia Supreme Court · 1885
69 more not listed; retrieve them via the Exa API.