Cole v. Osborne

The complaint in this action, which was filed February 18,1943, stated an assigned cause of action against defendants, based upon medical and hospital services rendered by plaintiff’s assignor to defendant Herbert Osborne, Sr. An amended complaint was filed February 2, 1944, by which the amount claimed was somewhat reduced, though the cause of action was not materially changed.

Defendants answered the amended complaint, denying the material allegations thereof, and particularly that they were indebted to plaintiff or his assignor in any sum whatsoever. By way of an affirmative defense,…