Fox v. Dixon
New York Supreme Court
Appeal from circuit court, Ulster county. Action by Patrick Fox against Robert Dixon, as overseer of the poor of the town of Rosedale, for services rendered by one Dr. W. E. E. Little, a practicing physician, in attending as a physician on various persons at the request of defendant, the claim for which had been assigned by said Dr. Little to plaintiff.
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Appeal from circuit court, Ulster county. Action by Patrick Fox against Robert Dixon, as overseer of the poor of the town of Rosedale, for services rendered by one Dr. W. E. E. Little, a practicing physician, in attending as a physician on various persons at the request of defendant, the claim for which had been assigned by said Dr. Little to plaintiff. From a judgment for plaintiff entered on the verdict of a jury, and from an order denying a motion for a new trial, defendant appeals.
1Opinion of the CourtLearned, P. J.
Chapter 513 of the Laws of 1880 forbade any physician to practice who had not obtained and filed the certificate therein mentioned; and it declares that it shall be a misdemeanor to practice without having obtained and filed this certificate. It is not disputed in this case that Little, the *268plaintiff’s assignee, and the physician, to recover payment for whose services this action is brought, and had not obtained" or filed such certificate at the time when the services were rendered. It is a settled principle that one cannot recover compensation for doing an act, to do which is forbidden by…
2Cases cited1 opinion
- Oscanyan v. Arms Co.Supreme Court of the United States · 1881
3Cited by8 opinions
- Sunflower Lumber Co. v. Turner Supply Co.Supreme Court of Alabama · 1909
- Lynch v. KathmannSupreme Court of Iowa · 1917
- Cooper v. GriffinIndiana Court of Appeals · 1895
- Charles v. ArthurAppellate Terms of the Supreme Court of New York · 1903
- People v. Devinny, New York County Courts1919
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