Vaughan v. Mansfield
Massachusetts Supreme Judicial Court
Contract on an account annexed for $116.06 for professional services as a physician, showing items of charges for medical attendance from November 24, 1903, to November 12, 1910, amounting to $90.50, with a credit item of cash July, 1908, of $5, leaving a balance of $85.50, and with an item of $30.56 for interest, making a total of $116.06. Writ in the First District Court of Eastern Middlesex dated October 24, 1913. The defendant’s answer, as amended, besides a general…
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Contract on an account annexed for $116.06 for professional services as a physician, showing items of charges for medical attendance from November 24, 1903, to November 12, 1910, amounting to $90.50, with a credit item of cash July, 1908, of $5, leaving a balance of $85.50, and with an item of $30.56 for interest, making a total of $116.06. Writ in the First District Court of Eastern Middlesex dated October 24, 1913. The defendant’s answer, as amended, besides a general denial set up the statute of limitations, alleging that the plaintiff’s cause of action did not accrue within six years from…
1Opinion of the CourtPierce, J.
It is not in dispute that the medical services for which the plaintiff seeks compensation were required by, and were rendered to, the wife and minor child of the defendant as alleged. The evidence warranted a finding that the defendant had seen the plaintiff at the defendant’s house and that he knew the visits there were made by the plaintiff as a physician in response to calls from the wife of the defendant.
The defendant offered a receipt for $25, tending to prove that he had paid an account which included as its last item the first item for services in the plaintiff’s account. There was…
2Cases cited5 opinions
- Gillingham v. BrownMassachusetts Supreme Judicial Court · 1901
- Alley v. WinnMassachusetts Supreme Judicial Court · 1883
- Auringer v. CochraneMassachusetts Supreme Judicial Court · 1916
- Dolan v. BrooksMassachusetts Supreme Judicial Court · 1897
- Butler v. PriceMassachusetts Supreme Judicial Court · 1864
3Cited by9 opinions
- Fisher v. DrewMassachusetts Supreme Judicial Court · 1924
- Collins v. CroteauMassachusetts Supreme Judicial Court · 1948
- Provident Institution for Savings v. MerrillMassachusetts Supreme Judicial Court · 1942
- Stimpson v. HunterMassachusetts Supreme Judicial Court · 1919
- Sillery v. FaganNew Jersey Superior Court Appellate Division · 1972
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