Legal Opinion

Lucas v. Boss

Appellate Division of the Supreme Court of the State of New York

Decided December 30, 1905PublishedCited by 5 opinions

Appeal by the defendants, J. Fred Boss and another, as executors, etc., -of Phillip- Diehl, deceased, from a judgment of the 'Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York-on the 5th day of October, "1905, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 4th day of October, 1905,. denying the defendants’ motion for a .new trial made upon the minutes.

1Opinion of the Court

Ingraham, J.:

The complaint alleges that between the 18th day of December, 1897, and the 20th day of May, 1901, plaintiff at the special instance and request of Phillip Dielil, .then living, performed certain -services *221as nurse to Margaret Diehl, the wife of the said Phillip Diehl, "at the agreed price and at a fair and reasonable value of $20 per week during said period which the said Phillip Diehl promised and agreed to pay, and that no part or portion thereof has since been paid, except the sum of $480 on account thereof, leaving a balance due to the plaintiff of $3,040.

There is no…

2Cases cited1 opinion

  1. Rosseau v. . RoussNew York Court of Appeals · 1904

3Cited by5 opinions

  1. In re the Judicial Settlement of the Intermediate Account of Proceedings of BrownNew York Surrogate's Court · 1927
  2. In re the Estate of OtisNew York Surrogate's Court · 1926
  3. Coutant v. MasonAppellate Division of the Supreme Court of the State of New York · 1914
  4. Hoffman v. CondonAppellate Division of the Supreme Court of the State of New York · 1909
  5. Claim of Draper v. TrumbleNew York Surrogate's Court · 1911

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