19 A.2d 704 | Md. | 1941
Henry H. Mormann died on April 24th, 1934, at Springfield State Hospital where he had been a patient since September 12th, 1928. On November 2d 1936, the Mayor and City Council of Baltimore City filed a *408 claim against his estate for money alleged to have been expended by it for the maintenance of the said Henry H. Mormann while an inmate in said hospital. This claim was filed before the filing of the final administration account. On June 4th, 1937, R. Legare Webb, administrator of the estate, notified the Mayor and City Council in writing of his refusal to pay this claim. Within nine months thereafter, on February 28th, 1938, the Mayor and City Council entered suit to recover the amount of its claim. From the ruling of the court in refusing his two prayers the appellant excepted.
Article 43, § 63, Code 1939, provides as follows: "Any expenses incurred by the authorities of any city, town or county in maintaining in a hospital, or in a temporary place for the reception of the sick, a patient who is not a pauper shall be deemed to be a debt due from such patient to the authorities aforesaid, and may be recovered from him at any time within twelve months after the discharge from such hospital or place of reception, or from his estate, in the event of his dying in such hospital." The single question before this court on appeal is, all other questions having been abandoned by the appellant, does the limitation of twelve months imposed by the statute above referred to, apply as a special limitation against his estate in the event of a patient dying within the institution.
This court said in the case of Healy v. State,
The statute provides in part "a debt due from such patient to the authorities aforesaid * * * may be recovered" in two situations, (1) "from him at any time within twelve months after the discharge from such hospital or place of reception," or (2) "from his estate, in the event of his dying in such hospital." Had the Legislature intended to limit the collection of the claim against the estate of the insane patient to twelve months after his death, it is reasonable to assume that the twelve months' limitation would have been repeated in the latter provision, as they are distinct situations. Judge Parke said in ContinentalOil Co. v. Horsey,
It is, therefore, the opinion of this court that the twelve months' period of limitation imposed by the statute, article 43, section 63, does not apply to the clause "from his estate, in the event of his dying in such hospital."
Judgment affirmed with costs.