#### Lake View Hospital Association & Training School for Nurses, Defendant in Error, v. Dr. J. M. Nicholson, Plaintiff in Error.

Gen. No. 22,453.

(Not to be reported in full.)

Error to the Municipal Court of Chicago; the Hon. Joseph S. La Buy, Judge, presiding. Heard in this court at the October term, 1916.

Affirmed.

Opinion filed December 18, 1916.

Statement of the Case.

Action by Lake View Hospital Association & Training School for Nnrses, a corporation, plaintiff, against Dr. J. M. Nicholson, defendant, for the price of room, medicine, etc., furnished to one Violet H. Dixon at the special instance and request of the defendant. From a judgment for plaintiff, defendant brings error.

Lee & Lee, for plaintiff in error.

H. E. Wynekoop, for defendant in error.

Abstract of the Decision.

I. Frauds, Statute of, § 3 * —When promise to pay debt of another is void. The promise to pay the debt of another after the same is incurred is void unless made upon a consideration and reduced to writing.

2. Frauds, Statute of, § 12*—when undertaking is original. Where goods, money or services are furnished to a third person at the request and upon the credit of the promisor, the undertaking is original and the Statute of Frauds is inapplicable.

3. Frauds, Statute of, § 15*—when undertaking is original. WRere hospital services were furnished to a person at the special instance and request of a physician who had run over such person *206with his automobile and had brought her to the hospital in an unconscious condition, and such physician at the time agreed to be responsible for the bill, and statements of account, were made out to the physician and mailed to him, and no statements were ever mailed to the patient or sent to her, and she was never asked to pay the bill, the promise of the physician must be deemed an original undertaking so as to render the Statute of Frauds inapplicable.

*

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same, topic and section number.

*205"Mr. Presiding Justice McSurely

delivered the opinion of the court.