Barnett v. Ellis
Barnett v. Ellis
Opinion of the Court
This action was brought upon an account for services rendered to the plaintiff in error by G. W. Collins, a physician. The sum prayed for is $210.50 with interest from August 19, 1886. The action was brought by the defendants in error as assignees of the account. The defenses are as follows:
First — That the assignees are not the real parties in interest.
Second — A denial that Collins performed the services charged for.
Third — That the services were carelessly, negligently, unprofessionally, and unskillfully. performed, etc., and failed to effect a cure, and the doctor was guilty of betraying the secrets of his patient, etc. A large amount of testimony was taken on the trial and the jury returned a verdict in favor of the defendants in error in the sum of $257.51, upon which judgment was rendered.
It is contended on behalf of the plaintiff in error that there is no sufficient proof of the assignment of the ac
. In the case at bar the cross-examination of the witnesses as to the consideration for the assignment is too restricted, and had any defense been shown to the account itself, would be cause for reversing the judgment. But no real defense is shown to the account. The visits charged seem to have been made, and this court cannot say that the charges are excessive. The question seems to have been fairly submitted to the jury and no objections are made to the instructions. The charge of negligence is not borne out by the testimony. There is no error apparent in the record and the judgment is
Affirmed.
Reference
- Full Case Name
- W. T. Barnett v. H. Ellis
- Status
- Published