Dudley v. Satterlee
City of New York Municipal Court
Appeal by the defendant executor from judgment on verdict for $310 for plaintiff for medical services rendered by him to a third person at the request of the testator, the jury having been instructed by the court that they must find for $200, and could find for the larger sum provided that certain additional services were performed at testator’s request.
1Opinion of the CourtVan Wyck, J.
The doctor, plaintiff, sues the executor of Travers to recover the value of his services as attending physician and operating surgeon to one Mrs. Davis at the request of the testator, both of whom died before the trial of the cause. The court’s direction to the jury to find certainly for $200, and their finding as to the additional sum, rests entirely upon the testimony of the lawyer witness called on plaintiff’s behalf, and as his testimony became by the decease of both Mrs. Davis and Travers incapable of contradiction, he must be subjected to the severest scrutiny as regards the credibility *539…
2Cases cited2 opinions
- Schell v. . PlumbNew York Court of Appeals · 1874
- Effray v. MassonNew York Court of Common Pleas · 1892
3Cited by1 opinion
- De Bose v. StateCourt of Criminal Appeals of Oklahoma · 1921