McMillen v. Lee

This was an action to recover for medical services of the value of $57, rendered to a child of the wife of the defendant, the mother, with the child, at the time, living separate and apart from her husband.

The plaintiff recovered in the court below.

The only question made is, whether, under the circumstances, the husband of the mother of the child is liable to the physician for the services thus rendered. That the services were necessary for the child, is not disputed. They were not rendered upon employment by the defendant, nor was there any express promise on his part to pay for them. The…