Wood v. Dean
| Decision Date | 02 April 1896 |
| Citation | 165 Mass. 559,43 N.E. 510 |
| Parties | WOOD v. DEAN. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
J.S. Dean, for appellant.
T.H Gage, Jr., and W.G. Thompson, for appellee.
This is an action of contract, brought by the treasurer of the Worcester Lunatic Hospital. The writ is dated February 24 1893. The declaration contains two counts. The first count alleges that on or about April 21, 1891, the defendant entered into a written agreement with the plaintiff as said treasurer, and a copy of the agreement purporting to be signed by the defendant is annexed. So much of the agreement as it is necessary to state is as follows: "In consideration of the admission of Joseph W. Torrey, of ----- in the county of -----, as a patient of the Worcester Lunatic Hospital, at Worcester, we, the undersigned, promise to pay to the treasurer of said hospital, board at the rate of $5.00 per week; to provide or pay for all clothing or other things necessary or proper for his health or comfort; to pay all damages which he may do to furniture or other property of the hospital; to pay for reasonable charges in case of elopement, and funeral expenses in case of death; and to remove him from the hospital whenever the room occupied by him shall be required for a class of patients having preference by law." The first count further alleges that, at the request of the defendant, Torrey was admitted as a private patient of the hospital on April 3, 1891, and was boarded and cared for therein from April 21 to November 21, 1891; that during said time, and in reliance on the defendant's said promises, things necessary and proper for his health and comfort were furnished to him by the hospital, according to a bill of particulars annexed; that certain payments had been made by the defendant on account, as stated in the bill of particulars; that, more than 30 days before the date of the writ, a demand had been made in writing by the plaintiff on the defendant, for the payments due on said contract, according to the bill of particulars, namely, the sum of $90; and that the defendant refused to pay the same. The bill of particulars shows various items on the debit side from April 21 to November 4, 1891, and certain credits, leaving a balance due of $90. There is also an item of interest from November 3, 1891, to the date of the writ, amounting to $2.28. The second count is on an account annexed, for goods and other things furnished by the plaintiff, at the defendant's request, to Joseph V. Torrey; and the bill of particulars is referred to. The answer contains no general denial. It admits that the plaintiff is the treasurer of the Worcester Lunatic Hospital; that the defendant signed the agreement; and alleged that it was given for the support of said Torrey in the hospital, in accordance with the provisions of Pub.St. c. 87, § 33, and that it was not executed by the defendant "until long after the commitment of and reception in said hospital of Torrey." The answer denied that Torrey was admitted to the hospital as a private patient; that he was admitted at the request of the defendant; that Torrey was boarded at said hospital; and that the things furnished to Torrey were furnished to him in reliance upon any promise made by the defendant. The answer then alleged that one of the sums credited to the defendant in the bill of particulars was paid for the board of Torrey in the hospital for ten weeks and one day, and for certain articles, numbered 2 and 3 in the bill of particulars; that the other sum credited to the defendant was accompanied by a request by the defendant that it be applied to the payment of the charges numbered 4 to 22 in the bill of particulars. The answer further alleges that on April 21,...
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