Charron v. Day
Massachusetts Supreme Judicial Court
Contract against the executor of the will of Addie L. Day, late of Greenfield, for $1,610.89, alleged to be the balance due upon a running account for medical services rendered to the defendant’s executrix up to the time of her death, according to an account annexed. Writ dated May 3, 1916. In the Superior Court the case was heard by Aiken, C. J., without a jury, upon an auditor’s report. The material evidence is described in the opinion.
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Contract against the executor of the will of Addie L. Day, late of Greenfield, for $1,610.89, alleged to be the balance due upon a running account for medical services rendered to the defendant’s executrix up to the time of her death, according to an account annexed. Writ dated May 3, 1916. In the Superior Court the case was heard by Aiken, C. J., without a jury, upon an auditor’s report. The material evidence is described in the opinion. The defendant asked the Chief Justice to rule that upon the evidence the plaintiff could not recover. The Chief Justice refused to make this ruling and…
1Opinion of the CourtRugg, C. J.
This is an action by a physician to recover for services rendered to the defendant’s testatrix during a period of years extending to the time of her death. She was then a married woman living with her husband, who worked for the support of the family and furnished her the money with which she paid the household bills, including certain cash payments to the plaintiff.
The law implies an obligation on the part of the husband to pay for medical attendance rendered to his wife. But under the present statute the wife also may incur an obligation to pay for such attendance. St. 1910, c. 576, whereby…
2Cases cited3 opinions
- Earle v. AngellMassachusetts Supreme Judicial Court · 1892
- Labaree v. ColbyMassachusetts Supreme Judicial Court · 1868
- Caldwell v. BlanchardMassachusetts Supreme Judicial Court · 1906
3Cited by16 opinions
- O'Rourke v. Percy Vittum Co.Supreme Court of Minnesota · 1926
- Massolini v. DriscollSupreme Court of Connecticut · 1932
- Cleary v. First National Stores Inc.Massachusetts Supreme Judicial Court · 1935
- Cassidy v. ConstantineMassachusetts Supreme Judicial Court · 1929
- Knudson v. JacksonSupreme Court of Iowa · 1921
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