Monroe v. Thomas

Decided July 1, 1873

Supreme Judicial Court of Maine · decided 1873-07-01

On exceptions. Assumpsit to recover the balance clue upon an account annexed for medical services and medicine furnished by the plaintiff, a physician, to the defendant and to the defendant’s son, at the father’s request, amounting to $43.

Cited by 1 later decisions — most recently July 1881

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1873-07-01

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Appleton, C. J.

¶1This is an action of assumpsit for medical services rendered the defendant.

¶2One of the charges originally was: “ To advice, brandy, and wine of calisaya, sent by son, $1.00.” The plaintiff was allowed to amend his writ by striking out the word brandy. That being stricken out, the plaintiff could, not recover therefor, and there is no proof he did.

¶3The amendment was properly allowed. Boyd v. Eaton, 43 Maine, 51.

¶4Thq case shows that a motion for a new trial and to set aside the verdict as against evidence has been filed; but the evidence as reported shows no ground whatever for disturbing it.

¶5Motion and exceptions overruled.

Cutting, Walton, Dickerson, Barrows, and Peters, JJ., concurred.