DISTRICT COURT.

Dunstan Times, Issue 387, 17 September 1869, Page 2

DISTRICT COURT.

(Before Vilson Grey, Esq., Judge.)

September 13. Corse v. Tsaylor and M‘Pherson (executors of G. Kenny, deceased.) This was an action to recover the sum of £76, £2O being for medical attendance on Robert Gordon, brother-in-law to deceased, and £;iG for four visits to deceased while in the Dunstau District Hospital. £2O 14s. was paid into Court. W. L. Bailey appeared f.r plaintiff, and A Brough for defendants.

The evidence of Dr. Corse, the plaintiff, was, That the deceased had brought Oor !ou to his place of residence, at Cromwell, from Clyde, and that after a consultation the deceased ..greed to pay the sum of £2O for attendance on Gordon. The agreement was verbal. With regard to the visits to the decease', the evidence was, That he (Dr. Corse) hail, at the request of the deceased, visited him four times, for which his charge was £l4 each, or at the rate of one guinea per mile.

His Honor said, That as the dispute was not as to the number of visits made, hut as to the charge for each visit, and as it was a difficult thing to decide what was a fair and just charge for professional men to make, he would suggest the settlement of the case by arbitrators or the impauuo.ing of a jury.

Counsel, after conferring with their clients, elected that the case proceed in its present form.

Dr. C. Shaw, whose evidence was taken, said that the items were fair and reasonable, and that ho had on special occasions considerably more. ° ®

Dr. Niven’s evidence was to the effect that his charge was usually half-a-guinea a mile, but that in a great measure he was guided by the position of the party ho attended.

Mr. Brough, for the defence, sai!, He objected to the item £2O, attendance on Robert Gordon, as the agreement on the part of deceased to liquidate that sum was not a written one, as laid down in sec. 4, Statute of Frauds. As to the the other items, amounting to £SS for four visits, ho said his clients considered the charges made were so high that they did not feef justified in paying them cut of a comparatively pier estate without obtaining an order ol the Court to do so.

Mr. Bailey said he was instructed to say ho would take £45 without prejudice to the cliira.

His Honor, in summing up, said, the objection to the £2O he must allow, and for

the balance he would give a verdict for £45, without costs, ino'usive of the amount (£2O 145.) paid into Court. APPEAL CASE. Ewing and party, appellants v. Murphy and party, respondents. This was an appeal against a decision given by Mr. Warden Pyke, at Black’s, where the now appellants applied for a dissolution of partnership. After hearing argument his Honor adjourned the Court till the following morning, hut advised a settlement being come to in the moan time. Thecaso was settled, tho appellants giving tbo respondents £B7 each for their shares. IN BANKRUPTCV. Thursday, Sent. 16. John Duncan Niven.—Mr. Brough applied in this case for order of discharge, which was granted. David Henry Parker.—Mr. Brough made n similar application in this case, which was also grante ’. Williau Henry Money.—Mr. Brough appeared in support of application for discharge, and Messrs. Indor and Turner P iposed. After ex m' n the bankrupt at some length, and hearing counsel for the bankrupt, bis Honor susponde 1 final order for one month.