Madden v. Blain
Supreme Court of Georgia
New trial. Accord and satisfaction. Custom. Contracts. Statute of limitations. Domestic relations. Before Judge Mershon. Glynn Superior Court. May Term, 1880. The following, in connection with the decision, sufficiently reports this case: In 1879, Blain brought complaint against Madden on an open account for medical services.
Read the full summary
New trial. Accord and satisfaction. Custom. Contracts. Statute of limitations. Domestic relations. Before Judge Mershon. Glynn Superior Court. May Term, 1880. The following, in connection with the decision, sufficiently reports this case: In 1879, Blain brought complaint against Madden on an open account for medical services. The first three items were dated in 1874, the others from 1875 to 1878. Defendant pleaded the general issue ; the statute of limitations as to the first three Ítems ; that both he and plaintiff were licensed physicians, and that there was a custom among physicians not to…
1Opinion of the Court
Jackson, Chief Justice.
This suit was brought by Blain against Madden for the collection of a medical account. It was defended on the ground of accord and satisfaction, of the custom of physicians not to charge each other, of the statute of limitations in respect to the first three items of the account, of set-off, and of improper charge of one item for services rendered to the mother-in-law of the defendant.
The jury found for the plaintiff, after allowing certain parts of the defendant’s set-off, and on refusal to grant a new trial, the defendant excepted.
1. The accord and satisfaction grew…
2Cases cited2 opinions
- Schall v. EisnerSupreme Court of Georgia · 1877
- Thomas Walker & Co. v. Mercer & DeGraffenriedSupreme Court of Georgia · 1870
3Cited by9 opinions
- American Mutual Liability Insurance v. CurrySupreme Court of Georgia · 1938
- Youmans v. MooreCourt of Appeals of Georgia · 1912
- Scott v. Imperial Hotel CompanyCourt of Appeals of Georgia · 1947
- Adams v. HollandSupreme Court of Georgia · 1897
- Marks v. Maxwell Bros. Furniture Co.Court of Appeals of Georgia · 1935
4 more not listed; retrieve them via the Exa API.