{
  "id": 869023,
  "name": "E. J. Thomas v. Mark S. Leavy",
  "name_abbreviation": "Thomas v. Leavy",
  "decision_date": "1896-01-22",
  "docket_number": "",
  "first_page": "34",
  "last_page": "36",
  "citations": [
    {
      "type": "official",
      "cite": "62 Ill. App. 34"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
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    "simhash": "1:3d362ac7fce6ccd0",
    "word_count": 576
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  "last_updated": "2023-07-14T19:10:11.174453+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "E. J. Thomas v. Mark S. Leavy."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Waterman\ndelivered the opinion op the Court.\nUnder the evidence the .jury were warranted in rendering a verdict for the proper charge for the services rendered after the conversation between appellant and appellee.. The jury seem to have done no more than this.\nThe judgment of the Circuit Court is therefore affirmed.",
        "type": "majority",
        "author": "Mr. Justice Waterman"
      }
    ],
    "attorneys": [
      "Knight & Brown, attorneys for appellant.",
      "Percy B. Herr and Jas. S. Harlan, attorneys for appellee."
    ],
    "corrections": "",
    "head_matter": "E. J. Thomas v. Mark S. Leavy.\n1. Evidence\u2014Sufficient to Sustain a Verdict.\u2014In a controversy concerning the defendant\u2019s liability to pay the plaintiff\u2019s bill for services as a physician, to a third person, the plaintiff testified that defendant said 'to him, \u2018 \u2018 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,\u201d and the defendant testified that he said, \u201c Give this girl the attention she requires and I will see that she has some money to pay her bills.\u201d Held, that, under this evidence, the jury were warranted in returning a verdict for services rendered after \u2022the conversation.\nAssumpsit, 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.\nAffirmed.\nOpinion filed January 22, 1896.\nStatement of the Case.\nThis is a cas\u00e9 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\u2019s bill, contracted by one Nellie Fraser.\nThe plaintiff below, filed the common counts and an\naffidavit 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.\nAppellee 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\u2019s 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: \u201cDoctor, 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 r\u00e9nder. There is my card. Send the bill to me and I will pay all expenses.\u201d\nAs to this the appellant testified as follows: \u201c 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,\u2019 and that is the only statement I ever made to Dr. Leavy in regard to that bill.\u201d\nAppellee testified: \u201c I sent him a bill as requested, and he afterward wrote as follows :\nChicago, May 14, 1892.\nDr. M. S. Leavy, Albany, N. T.\nDear 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.\nTours truly,\nE. J. Thomas.\u201d\nKnight & Brown, attorneys for appellant.\nPercy B. Herr and Jas. S. Harlan, attorneys for appellee."
  },
  "file_name": "0034-01",
  "first_page_order": 30,
  "last_page_order": 32
}