State of New York, Supreme Court : in the Supreme Court, James L. Van Ingen against Joshua Bennett.

Date:
[1855?]
Catalogue details

Licence: Public Domain Mark

Credit: State of New York, Supreme Court : in the Supreme Court, James L. Van Ingen against Joshua Bennett. Source: Wellcome Collection.

Provider: This material has been provided by the National Library of Medicine (U.S.), through the Medical Heritage Library. The original may be consulted at the National Library of Medicine (U.S.)

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    His Honor the Judge, now enquired of the Counsel on both sides, as to whether the parties might not save much time and trouble, and obtain results equally satis- factory, by taking a verdict for the plaintiff for some amount to be mutually agreed on. After a few moments consultation:— Mr. Potter— Counsel for Defence.—-We have attempted to arrange this matter upon the suggestion of your Hon- or. The issue now is simply one of dollars and cents— a mere estimate of the value of the professional services of Dr. Van Ingen. A matter not nearly so important as the Dr. says, as another question at first connected with the case. On that issue the Dr. and my client, when this suit was brought, thought differently. Differences had occurred between the Dr. and my client, and a bitterness of feeling sprung up between them. The Dr. thought his reputation at stake, and he has made great exertions for his defence. He has brought several professional gentlemen here of high standing, and they all unite in speaking of his practice so far as known to them, as skillful, and his treatment of this case as fit and proper. We had thought differently, and based our defence upon different premises. But we did not, when the plain- tiff's testimony closed, see fit to attack it, but conceded the question of his professional skill, and now believe his treatment to have been correct and skillful. * The only question now remaining, is that of compensa- tion. On this we have differed; but my client has yield- ed reluctantly to my advice, and consents to give more than he thinks he should. [Mr. B.—I am glad he has yielded to reason at last.] I advise him to allow $150 for services, deducting the due bill of $41.89, which has been admitted, rather than to contest the case farther, and therefore, instead of arguing it to the jury, we con- sent to have a verdict rendered against us of $150, de- ducting the due bill.
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