124 N.Y.S. 1038 | N.Y. App. Div. | 1910
The action is to recover for board, nursing, etc., received by defendant. The parties have refrained from furnishing a detailed history. On August 5, 1906, while defendant’s husband was sick in plaintiff’s hospital, she was removed to it for an operation for appendicitis. Dr. Hall, her attending physician, made the arrangements for her admission to the hospital" through Dr. Hills, who seems to have been connected with the institution. She was too ill to make provision for herself and did not. Indeed, her illness was so severe that the proposal to present a bill to her was postponed, and the charges were not communicated to her until her departure, when she said she would send a check for them. On January 1,1907, a bill was sent her with a letter requesting payment. A bill Was also presented to her husband for the same amount in 1906, and also to his estate after the bill had been sent her without receiving attention. So the case is that a woman, whose husband
The judgment should be reversed and a new trial granted, costs to abide the event.
Woodward, Jenks, Burr and Carr, JJ., concurred.
Judgment reversed and new trial granted, costs to abide the event.