Legal Opinion

Bassett v. Spofford

Superior Court of New Hampshire

Decided December 15, 1840PublishedCited by 1 opinion

Assumpsit, on an account annexed to the writ. The plaintiff was a physician, and the account contained various charges for “ visits and medicine,” to the family of the defendant; but the quantity and quality of the medicines were not specified. There was also a charge of $5-00, for cash delivered to the defendant. To prove the charges, the plaintiff offered in evidence his book of accounts, supported by his oath.

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Assumpsit, on an account annexed to the writ. The plaintiff was a physician, and the account contained various charges for “ visits and medicine,” to the family of the defendant; but the quantity and quality of the medicines were not specified. There was also a charge of $5-00, for cash delivered to the defendant. To prove the charges, the plaintiff offered in evidence his book of accounts, supported by his oath. To the admission of this evidence the defendant objected ; but the objection was overruled, and the evidence admitted. The jury returned a verdict for the plaintiff, which the…

1Opinion of the CourtGilchrist, J.

It does not appear that the charges in this casé are less specific than charges usually made by physicians for professional services of this character, or that the amount is larger than physicians usually receive for such services. The charge is, “ To visit and medicine, 34.” In this is included the compensation to the physician for the *169exercise of his professional skill, and for the medicine he furnishes. Had this been shown to be different from the usage of medical men, it might be proper to enquire into the character of the disease, and the circumstances under which the services were…

2Cases cited1 opinion

  1. M'Coy v. LightnerSupreme Court of Pennsylvania · 1834

3Cited by1 opinion

  1. Cummings v. NicholsSuperior Court of New Hampshire · 1843

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