Wailing v. Toll
New York Supreme Court
IN error, on certiorari, from a justice’s court. Toll brought an action on the case, against Wailing, for medicine and attendance, as a physician. The defendant denied the account, and pleaded the general issue.
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IN error, on certiorari, from a justice’s court. Toll brought an action on the case, against Wailing, for medicine and attendance, as a physician. The defendant denied the account, and pleaded the general issue. Upon the trial, no witnesses were produced or sworn, But the return stated, that “ the plaintiff asked the defendant whether he had not furnished her medicines and attendance, as a physician, as he had charged her in his account, to which she answered in the affirmative; • but, at the same time, said she had not employed him, and that she was under the age of twenty-one years.” No…
1Per curiam
The judgment must be reversed. The plaintiff relying altogether upon the defendant’s confession, that confession must be taken altogether; and although she admitted that the medicine and attendance had been furnished her, yet, at the same time she denied her responsibility for the amount, because she had not employed the plaintiff, and because she was a minor. She might avail herself of her infancy, under the plea of non assumpsit. (1 Salk. 297. 1 Esp. N. P. 301.) For any thing that appears, and, indeed, such is the reasonable intendment, she was living with her father, and the medicine and…
2Cited by19 opinions
- Cochran v. McClearySupreme Court of Iowa · 1867
- Goodman v. . AlexanderNew York Court of Appeals · 1901
- Darling v. HurstMichigan Supreme Court · 1878
- Hoyt v. CaseyMassachusetts Supreme Judicial Court · 1874
- Morris v. JamiesonIllinois Supreme Court · 1903
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