Wise Memorial Hospital Ass'n v. Peyton

Rose, J. •

Between May 21, 1912, and June 4, 1912, Cordelia Peyton was a patient in plaintiff’s hospital, and this is an action against her husband to recover a balance of $85 for hospital services and medicines. The case was dismissed, and plaintiff has appealed. .

The substance of the defense pleaded is: Though defendant was the husband of the patient, she was living apart from him. A suit on her behalf for a divorce and for alimony was pending. She had been awarded a temporary allowance of $75 a month which he had paid regularly. He never obligated himself to pay his wife’s indebtedness to…