Mount v. Baptist Hospital of Gadsden, Inc.
| Decision Date | 17 February 1966 |
| Docket Number | 7 Div. 826 |
| Citation | 43 Ala.App. 423,191 So.2d 262 |
| Parties | Irene MOUNT v. BAPTIST HOSPITAL OF GADSDEN, INC. . Oct, 18, 1966. Robt. E. Lewis, Gadsden, for appellant. Buford L. Copeland, Gadsden, for appellee. CATES, Judge. This appeal was |
| Court | Alabama Court of Appeals |
Buford L. Copeland, Gadsden, for appellee.
This appeal was submitted February 17, 1966, on written argument.
Mrs. Mount appeals from a judgment for defendant-appellee. She had sued the hospital for $44.25 on account or alternatively for money received by it to her use.
Being for less than $50.00, the originating complaint was filed in the County Court of Etowah County. The hospital appealed from a judgment there for the suit amount. Thus came trial de novo in the circuit court.
The case was submitted without the intervention of a jury Hon. A. B. Cunningham on the following agreed statement of facts:
'Mrs. Irene Mount, wife of Guy Mount, entered the Baptist Memorial Hospital for minor surgery on December 8, 1962. Upon arrival at the hospital she went to a patient room while Mr. Mount went to the office to complete the necessary arrangements for her admittance as a patient.
'Mrs. Mount gave to her husband $100.00 to use in arranging her admission to the hospital. At the time of her admission Mr. Mount delivered to the hospital office attendent the said $100.00 as a deposit 'At the time Mr. Mount delivered the aforesaid $100.00 to the hospital, which was accredited to Mrs. Irene Mount, Mr. Guy Mount was indebted to the hospital on a previous obligation.
for the admission of Mrs. Mount to the hospital. Said amount was accredited properly as an advance admission charge for the hospitalization of Mrs. Irene Mount.
'The hospital charges for the confinement of Mrs. Irene Mount were $55.75. The hospital applied this amount to the confinement of Mrs. Irene Mount, and applied the remaining amount of the aforesaid $100.00 deposit in the amount of $44.25 in reduction of the aforesaid obligation of Guy Mount, which was in existence at the time he made the $100.00 deposit on behalf of Mrs. Irene Mount. 'The money claimed in this lawsuit for Mrs. Irene Mount is the $44.25, which was credited to the obligation of Guy Mount, husband of Mrs. Irene Mount. 'A letter from Baptist Memorial Hospital to Mr. Guy Mount, Re: Mrs. Irene Mount's hospital account, with statement of account attached, is hereby attached and made a part hereof.
'Oct. 2, 1964
Atty for Deft Bap. Hosp.
'Dear Mr. Mount:
'We are writing this letter in regard to the refund balance on your account for Mrs. Irene Mount dates 12/8/61 to 12/9/61. In checking our records we find that you still have an outstanding balance on an account for your mother who was a patient in the hospital 4/19/58 to 5/4/58. When she was discharged from the hospital you signed a note assuming responsibility for the account. To this date payment has not been received on this account.
'We are enclosing a copy of your wife's hospital account showing the amount that was applied to the past-due account.
'Thanking you in advance for your cooperation.
Sincerely yours,
BAPTIST MEMORIAL HOSPITAL
L. C. Jolley
L. C. Jolley
Office Manager
'LCJ/bjb'
Appellant relies on the Married Woman's Property Act. Code 1940, T. 34, § 65. 1
One seldom sets up another as his agent sub silentio. Indeed, Code 1940, T. 9, § 74, allows a third party to treat an undisclosed agent as a principal. This section 2 reads:
3 Am.Jur.2d, Agency, § 325, states in part:
'* * * where a third person contracts with an undisclosed agent who has not given notice to such third person of his agency, he may set off a debt or claim due to him from such agent personally in an action on the contract by the principal.'--citing Gardner v. Allen's Ex'r, 6 Ala. 187.
Relationship creates no...
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...medical and hospital treatment for her cure and comfort comporting with his station in life." Mount v. Baptist Hospital of Gadsden, Inc., 43 Ala.App. 423, 191 So.2d 262, 264 (1966). The executrix contends that, because Huntsville Hospital and Dr. McGriff failed to file their claims against ......
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