Rounsevel v. Osgood
Supreme Court of New Hampshire
Assumpsit,- to recover for services as a physician. Pacts 'found by the court. In consideration of certain real estate conveyed to her by her father and mother, the defendant gave them a bond for support during their lives. While this agreement was in force, the plaintiff attended the parents, made his charges to the mother, and was told by her to present his bill to the defendant, who would pay.
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Assumpsit,- to recover for services as a physician. Pacts 'found by the court. In consideration of certain real estate conveyed to her by her father and mother, the defendant gave them a bond for support during their lives. While this agreement was in force, the plaintiff attended the parents, made his charges to the mother, and was told by her to present his bill to the defendant, who would pay. After the services were rendered, the defendant told the plaintiff that if he would send his bill to her, she would .pay him. This he did, but the bill was not paid. The services were necessary, the…
1Opinion of the CourtClark, J.
Under the defendant’s agreement to support her parents during their lives, the plaintiff’s bill for necessary services was her debt-. The parents conveyed property to the de fendant as a fund for their support, and the defendant by accepting it upon that condition promised to pay the bills for their support. Allen v. Thompson, 10 N. H. 32; Warren v. Batchelder, 16 N. H. 580; Arnold v. Lyman, 17 Mass. 400; Hall v. Marston, 17 Mass. 575; Mellen v. Whipple, 1 Gray 317, 322; Keyes v. Allen, 65 Vt. 667; Bro. St. Fr., s. 187. The parents were authorized, as agents of the defendant, to employ the…
2Cases cited2 opinions
- Arnold v. LymanMassachusetts Supreme Judicial Court · 1821
- E. D. Keyes & Co. v. Allen & MaynardSupreme Court of Vermont · 1893