Russell v. Hitchcock
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William L. Hitclicoclc, as administrator, etc., of Catalina V. N. McNitt, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Washington on the 15th day of November, 1904, upon the report of a referee.
1Opinion of the Court
Houghton, J.:
The action is to recover for medical services performed by the plaintiff for defendant’s intestate, embracing many visits and special treatments, covering several years.
On the trial the plaintiff, as a witness in his own behalf, was permitted to testify, against the defendant’s objection, while looking at his account book to refresh his recollection, that he saw the intestate on the several hundred dates which he specified, and that all the visits which he had charged in his account against her had in fact been made by him, and that he had made annual statements of the account…
2Cases cited3 opinions
- Clift v. . MosesNew York Court of Appeals · 1889
- Hoag v. . WrightNew York Court of Appeals · 1903
- Sanford v. . EllithorpNew York Court of Appeals · 1884
3Cited by4 opinions
- Bellows v. BenderAppellate Terms of the Supreme Court of New York · 1914
- Morgan v. ForanAppellate Division of the Supreme Court of the State of New York · 1907
- In re the Judicial Settlement of the Estate of ClodgoNew York Surrogate's Court · 1928
- In re Farley's EstateNew York Surrogate's Court · 1915