Milton Hospital & Convalescent Home v. Garber

The plaintiff seeks to recover $55.00 it alleges is due from the defendant under the terms of a written promise. The evidence reported is meagre. Disbelieving part of the testimony; Cosman v. Donovan, 282 Mass. 224, 228; Topjian v. Boston Casing Co., 288 Mass. 167; and taking the evidence in its view most favorable to the plaintiff; Winchester v. Erickson, 281 Mass. 210, 212; Dillon v. Town of Framingham, 288 Mass. 511, 513; the Court would be warranted in finding that the defendant, an attorney for one Axel Johnson, who was in the plaintiff’s hospital for treatment for injuries received in…