Norwood v. Hickok — 70 N.Y. St. Rep. 448

Majority

p. 448

Carlisle Norwood, Resp’t, v. Geraldine H. Hickok, App’lt.

(New York City Court, General Term,

Filed October 29, 1895.)

Headnote

Contract—Services rendered—Proof.

Where the evidence shows that the defendant received the plaintiff’s hill for services rendered and promised to pay the same when able, it is sufficient to establish plaintiff’s claim that the services were rendered, and the value thereof was satisfactory to defendant and, in case the defendant fails to introduce evidence in her own behalf, the trial judge is justified in directing a verdict against her.

Appeal from a judgment in favor of plaintiff.

Large & Stallknecht, for opp It: M. 8. Harden, for resp’t.

The evidence shows that the defendant received plaintiff’s bill for services rendered, and promised to pay the same when able. That, surely, established plaintiff’s claim that the services in question were rendered, and the value thereof was satisfactory to defendant, and, in view of the failure to introduce evidence in her own behalf, justified the trial judge in directing a verdict against her.

The judgment must be affirmed with costs.