MacEvitt v. Maass
Appellate Division of the Supreme Court of the State of New York
■ Appeal by the defendant, G. Henry Maass, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 3d day of January, 1901, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 7th day of January, 1901, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, J.:
The plaintiff sued to recover for his services rendered as physician and surgeon to the defendant’s wife, and recovered a verdict of $275. After an examination of the patient the plaintiff told the defendant that a surgical operation for an internal trouble was necessary, whereupon it was agreed between them that the plaintiff would perform the operation for $75. The plaintiff testified that a further examination, a few days later, revealed that the first diagnosis was erroneous; that the condition of his patient was more grave than first supposed; that the operation first suggested…
2Cases cited3 opinions
- Reynolds v. . RobinsonNew York Court of Appeals · 1876
- Mercer v. . VoseNew York Court of Appeals · 1876
- Hayes v. . NourseNew York Court of Appeals · 1887
3Cited by3 opinions
- In re the Judicial Settlement of the Account of WatsonNew York Surrogate's Court · 1914
- Lindenborn v. VogelAppellate Division of the Supreme Court of the State of New York · 1909
- Scanlon v. AndersonSupreme Court of Rhode Island · 1929