Weadon v. First Nat. Bank & Trust Co.

• Decision Date: 08 January 1943
• Citation: 129 Conn. 541,29 A.2d 779
• Parties: WEADON v. FIRST NAT. BANK & TRUST CO. In re McNAB'S ESTATE.
• Court: Connecticut Supreme Court

29 A.2d 779

129 Conn. 541

WEADON

v. FIRST NAT. BANK & TRUST CO.

In re McNAB'S ESTATE.

Supreme Court of Errors of Connecticut.

Jan. 8, 1943.

Appeal from Superior Court, Fairfield County; Foster, Judge.

Proceeding by W. Lee Weadon against the First National Bank & Trust Company, administrator with will annexed of the estate of Alexander McNab, deceased. From the action of commissioners in disallowing part of the plaintiff's claim against the estate, plaintiff appealed to the superior court, where the case was tried to the court. From a judgment sustaining the appeal and allowing the claim in full the defendant appeals.

Error, and case remanded with direction.

Before MALTBIE, C. J, and JENNINGS, ELLS, DICKENSON, and INGLIS, JJ.

David Goldstein and Alvin W. Peck, both of Bridgeport, for appellant (defendant).

William J. Kiernan, of Bridgeport, for appellee (plaintiff).

ELLS, Judge.

The plaintiff, a physician and surgeon, performed necessary professional services for Violet McNab, first wife of Alexander McNab, the reasonable value of which was $1,150. They were performed in 1933 and 1934 and the items of the account were entered in Dr. Weadon's books as charges against Alexander McNab in the usual course of business, by the bookkeeper, as the services were rendered. In 1937, 1938 and 1939 the plaintiff rendered services to Alexander McNab and to his second wife, the charges for which were entered in the same manner and amounted to $115. Dr. Weadon did not at any time render a bill to Alexander McNab or to either wife for any of the services performed from 1933 to 1939 until after the death of McNab, nor did he advise the latter during his lifetime as to the amount of any bill for services. The plaintiff and his wife were friends of Alexander and Violet McNab. The reason Dr. Weadon did not render a bill was that he knew McNab's financial condition and that it was useless to render a bill and did not wish to embarrass him; Dr. Weadon also relied on McNab's several oral statements to him that he would bring to him a check for $1,000 on the account; and when the service represented by the 1939 item was rendered Dr. Weadon knew McNab would not live long and did not want to add to his troubles. The services were necessary, and McNab knew that he was indebted to Dr. Weadon for all the items contained in the account and that the amount was considerable. Dr. Weadon expected to be paid for his services, and McNab expected to pay, and made oral promises to pay on account as late as two years prior to death.

The applicable statute, General Statutes, § 6005, reads as follows: "No action for an account, or for a debt due by book to balance book accounts, or on any simple or implied contract * * * shall be brought but within six years next after the right of action shall accrue * * *." The plaintiff's claim is for a debt due by book to balance book accounts. It is so stated in his claim as presented to the commissioners and in his brief upon this appeal. The controlling question is whether in an action for book debt the statute runs from the last charge. We reviewed the history of our action of book debt in Reiley v. Torkomian, 78 Conn. 645, 647, 63 A. 516. It is clear that where there are a series of charges for services, as in the present case, without any special agreement as to how they shall be paid for, each item gives rise to a separate indebtedness, and hence all such items back of six years are barred. Hull v....