Southwell v. Kingsland
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Henry Pierre Kingsland, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 13th day of March, 1903, denying' the defendant’s motion to vacate á warrant of attachment granted herein. The motion to vacate the warrant of attachment was made on the papers on which it was granted.
Read the full summary
Appeal by the defendant, Henry Pierre Kingsland, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 13th day of March, 1903, denying' the defendant’s motion to vacate á warrant of attachment granted herein. The motion to vacate the warrant of attachment was made on the papers on which it was granted. From these it appears that the plaintiff sues to recover the value of services rendered, as alleged, to the defendant from January 1, 1882, to April 1, 1901, and that the defendant agreed to pay the…
1Opinion of the Court
O’Brien, J.:
In form, the action is on a quantum meruit, and it is sought to recover what is alleged to be the reasonable value of certain labor and services which, it is stated, was $19,000. But whether the services were those of a lawyer, or a doctor, or an agent, and whether rendered spasmodically or continuously, does not appear, and, as. shown by the complaint and affidavit, so far as they bear on the value of the services, there are no facts presented to support the value which the plaintiff places upon his labor and services, and there is nothing, therefore, from which the value can be…
2Cases cited3 opinions
- Haebler v. . BernharthNew York Court of Appeals · 1889
- Delafield v. J. K. Armsby Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Haskell v. OsbornAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by4 opinions
- Geobgis v. GiocalasAppellate Division of the Supreme Court of the State of New York · 1929
- Barbrick v. CarreroAppellate Division of the Supreme Court of the State of New York · 1918
- Fine v. LyonsAppellate Terms of the Supreme Court of New York · 1913
- Kahn v. HollanderNew York Supreme Court · 1910