Gunn v. Samuel's Adm'r
Supreme Court of Alabama
Appeal from the Chancery Court of Chambers. Heard before the Hon. James B. Clark. This bill was filed by James M. Gunn, the appellant, against the administrator of Mrs. Sarah A. Samuel, deceased, her husband, and their children; and sought to subject Mi’s. Samuel’s separate estate to the payment of an account for medical services rendered by the complainant to her and her family during her life-time.
Read the full summary
Appeal from the Chancery Court of Chambers. Heard before the Hon. James B. Clark. This bill was filed by James M. Gunn, the appellant, against the administrator of Mrs. Sarah A. Samuel, deceased, her husband, and their children; and sought to subject Mi’s. Samuel’s separate estate to the payment of an account for medical services rendered by the complainant to her and her family during her life-time. The account embraced a period of six years, commencing in 1846, and ending in January, 1852, when Mrs. Samuel died; and contained items for medicines and services furnished and rendered to Mrs.…
1Opinion of the CourtStone, J.
If this record presented the case of a contract by Mrs. Samuel, either express or implied, to pay Dr. Gunn for his services, he would be entitled to recover in this proceeding what seems to be a just demand in favor of Dr. Gunn.—Walker and Wife v. Smith, 28 Ala. B. 569 ; Collins v. Rudolph, 19 Ala; R. 616 ; Colvin v. Currier, 22 Barbour, 371.
The proof, however, clearly shows, that Mr. Samuel, the husband, employed and called in Dr. Gunn ; and there is no evidence that Mrs. Samuel was at all consulted, or gave any authority or assent that he should be employed on the faith or credit of her…
2Cases cited2 opinions
- Zeigler v. DavidSupreme Court of Alabama · 1853
- Cothran v. LeeSupreme Court of Alabama · 1854
3Cited by11 opinions
- Smyley v. ReeseSupreme Court of Alabama · 1875
- Short v. BattleSupreme Court of Alabama · 1875
- Warfield v. RavesiesSupreme Court of Alabama · 1863
- Janney v. BuellSupreme Court of Alabama · 1876
- Lippincott v. MitchellSupreme Court of the United States · 1877
6 more not listed; retrieve them via the Exa API.