Thomas v. Leavy 62 Ill. App. 34

E. J. Thomas v. Mark S. Leavy.

1. Evidence—Sufficient to Sustain a Verdict.—In a controversy concerning the defendant’s liability to pay the plaintiff’s bill for services as a physician, to a third person, the plaintiff testified that defendant said 'to him, ‘ ‘ Doctor, you take care of the girls and attend to them and I will pay you for your entire services, for those you have rendered heretofore and what you may hereafter render,” and the defendant testified that he said, “ Give this girl the attention she requires and I will see that she has some money to pay her bills.” Held, that, under this evidence, the jury were warranted in returning a verdict for services rendered after •the conversation.

Assumpsit, for services. Appeal from the Circuit Court of Cook County; the Hon. Elbridge Haneoy, Judge, presiding. Heard in this court at the October term, 1895.

Affirmed.

Opinion filed January 22, 1896.

Statement of the Case.

This is a casé brought in the Circuit Court of Cook County, Illinois, by Mark S. Leavy to enforce an alleged promise by E. J. Thomas to pay a doctor’s bill, contracted by one Nellie Fraser.

The plaintiff below, filed the common counts and an

*35affidavit of claim for $310; the defendant filed pleas of nonassumpsit, the statute of frauds, and want of consideration. A trial was had with a jury, which returned a verdict of $155 in favor of the plaintiff, upon which judgment was entered.

Appellee testified that he is a physician, and first met Mr, Thomas on January 3, 1891; that before meeting him he had been attending his wife’s sister, Nellie Fraser, for about ten days; that he was called to attend her by Henry Kemp, her uncle, at whose house she was stopping; that he did not know Kemp or Miss Fraser at that time, and had never seen either of them; that on an occasion of one of his professional calls, he met Mr. Thomas, and when leaving the house, Mr. Thomas said to him: “Doctor, you take care of the girls and attend to them, and I will pay you for your entire services, for those you have rendered heretofore and what you may hereafter rénder. There is my card. Send the bill to me and I will pay all expenses.”

As to this the appellant testified as follows: “ During that conversation Dr. Leavy never referred to the bill at all, but I said to Dr. Leavy, give this girl the attention she requires, and I will see that she has some money to pay her bills,’ and that is the only statement I ever made to Dr. Leavy in regard to that bill.”

Appellee testified: “ I sent him a bill as requested, and he afterward wrote as follows :

Chicago, May 14, 1892.

Dr. M. S. Leavy, Albany, N. T.

Dear Sir : I am in receipt of your favor of the 12th inst. * * * 1 be in Albany soon, and then will arrange for a settlement for your services.

Tours truly,

E. J. Thomas.”

Knight & Brown, attorneys for appellant.

Percy B. Herr and Jas. S. Harlan, attorneys for appellee.