11 N.H. 167 | Superior Court of New Hampshire | 1840
It does not appear that the charges in this casé are less specific than charges usually made by physicians for professional services of this character, or that the amount is larger than physicians usually receive for such services. The charge is, “ To visit and medicine, 34.” In this is included the compensation to the physician for the
It is held, in South Carolina, that charges in a physician’s bill must be specific, and not general. Hughes vs. Hampton, 2 Const. Rep. 746; and that whether they are sufficiently specific must be decided by the court according to the prevailing usage in similar cases. Schmidt vs. Quin, 1 Rep. Conn. Ct. 418; 2 Bailey 449.
In an action for the price of blacksmith’s work done, it having first been proved by the journeyman that he made the entries on a slate for two or three days, until it was filled, when it was transferred to the book; that he did not remember the items, but knew it amounted to three or four dollars, it was held that the book account, which was for three dollars and a half, should be received in evidence. McCoy vs. Lightner, 2 Watts 347.
We think this objection cannot be sustained.
It is further objected, that the book of accounts is not competent evidence to prove the payment of money to the defendant. But the practice in several of the New-England states is, to admit books of accounts as evidence of the pay
It is also said, in Union Bank vs. Knapp, 3 Pick. 109, that the sums to be proved in this manner have been limited to §6‘67; and the same rule is laid down in Burns vs. Fay, 14 Pick. 12, and is recognized in Dunn vs. Whitney, 1 Fairf. 9.
We are, therefore, of opinion that the evidence was properly admitted, and that there must be
Judgment on the verdict.