Massachusetts General Hospital v. Fairbanks

• Decision Date: 30 June 1880
• Citation: 129 Mass. 78
• Parties: Massachusetts General Hospital v. Caroline E. Fairbanks
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

129 Mass. 78

Massachusetts General Hospital v. Caroline E. Fairbanks

Supreme Court of Massachusetts

June 30, 1880

Suffolk. Contract on an account annexed for board and other supplies furnished the defendant at the McLean Asylum for the insane at Somerville, from October 1, 1872, to August 25, 1873.

The writ, dated December 19, 1876, alleged that the defendant was an insane person, and that Edward A. Caswell was her guardian. Service was made upon Caswell, who appeared and filed an answer, alleging that before October 1, 1872, the defendant was insane, and has since continued to be so; that about October 15, 1869, the plaintiff made an agreement with William A. Towne and Isaac H. Wright for the defendant's board and the supplies to be furnished her at the McLean Asylum while she should be there; that, after she had been removed therefrom, the plaintiff brought an action in the Superior Court on this agreement, against Towne and Wright for the same cause of action for which this action is brought, and at October term 1875, recovered judgment thereon, which judgment is still in force.

Trial in the Superior Court, without a jury, before Gardner, J who found for the plaintiff for the full amount claimed; and reported the case for the determination of this court, in substance as follows:

The plaintiff read the pleadings, and rested. The guardian made no objection to the items of the account; but put in evidence, which was admitted against the plaintiff's objection that it was not admissible under the pleadings, of the following facts:

The defendant was received into the McLean Asylum on October 13 1869, while suffering from an attack of violent and acute mania, on the written request of one of the proprietors of the hotel in Boston where she was boarding, and the certificate of two physicians. On October 15, of the same year, William H. Towne and Isaac H. Wright signed and delivered the following instrument to the plaintiff:

"In consideration of Mrs. Caroline Fairbanks being admitted a patient into the McLean Asylum for the insane, at our request, we, the undersigned, jointly and severally promise the Massachusetts General Hospital to pay the treasurer thereof at said asylum quarterly, on the first days of January, April, July and October, with interest after said days respectively, the rate of board which may from time to time be determined by the trustees of said hospital for said patient; to provide or pay for all requisite clothing and other things necessary or proper for the health and comfort of said patient; to pay for all proper expenses incurred for the return of said patient to the asylum in case of elopement; to remove said patient when discharged; to reimburse funeral expenses in case of death; and if removed uncured against the advice and consent of the superintendent before the expiration of three calendar months, to pay board for thirteen weeks, the rate at which the patient is admitted below, and the trustees may change the same at any time, giving us three weeks' notice by mail in case the rate is to be raised. Witness our hands this fifteenth day of October, 1869."

On the same paper was the following order of admission, signed by two of the visiting committee of the plaintiff: "Receive the above-named patient if brought within two weeks from date, at $ 30 per week." By virtue of this order, the defendant, after the obligation of Towne and Wright was given, was retained at the McLean Asylum until August 25, 1873, when she was removed to an asylum at Hartford, where she has since remained.

Towne was appointed guardian of the defendant soon after October 15, 1869, and paid the defendant's bills at the asylum until October 1, 1872. Towne resigned his office as guardian on March 10, 1872, and informed the superintendent that he would not be longer liable for the defendant's bills. No other guardian was appointed until April 25, 1873, when Caswell was appointed.

The action set forth in the answer was brought by the plaintiff,...