Paige v. Morgan
Supreme Court of Vermont
Book Account. The plaintiff’s account was for services as a physician, which the auditor allowed as charged. On the hearing before the auditor the defendant objected to some of the plaintiff’s items of account, as being charged too high, and unreasonable; and, to show that they were not so, the plaintiff, among other things not objected to, offered to show by his books, and his own testimony, that the charges were made at his usual rates for similar services, in the same…
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Book Account. The plaintiff’s account was for services as a physician, which the auditor allowed as charged. On the hearing before the auditor the defendant objected to some of the plaintiff’s items of account, as being charged too high, and unreasonable; and, to show that they were not so, the plaintiff, among other things not objected to, offered to show by his books, and his own testimony, that the charges were made at his usual rates for similar services, in the same neighborhood, for other persons for whom he attended. To the admission of this testimony the defendant objected, but the…
1Opinion of the Court
*568The opinion of the court was delivered by
Redeield, Ch. J.
I. The testimony offered to show that the charges made in the case were according to the defendant’s ordinary rates of charge to other persons in the vicinity, might be proper enough, in connection with other proof, that his rates of charge were well understood, and did, in fact, come to the knowledge of the defendant; and, possibly, as showing part of the general and customary charge in the county, for similar, services, but of less account in this latter view. And, as we do not know what other testimony was in the case, the auditor…
2Cases cited4 opinions
- Vilas v. DownerSupreme Court of Vermont · 1849
- Stone v. WinslowSupreme Court of Vermont · 1835
- George W. Scott & Co. v. SampsonSupreme Court of Vermont · 1837
- Catlin v. AikenSupreme Court of Vermont · 1832
3Cited by1 opinion
- Lewers & Cooke, Ltd. v. RedhouseHawaii Supreme Court · 1902