The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-09-28
SO visits
4 med.
40 %
Hastings Goth Septemb S4s
los NORIAS MD

JOS DoBIAS MD
SYLVESTER BYRNEs, sworn.Wes in the family OF
defendant as coachman has lived with him for the
last four months knows Doctor Dobiss the plaintiff;
has known him since he (witness came to live with
attendant into defendants family. defendants
counsel here objected to any course OF vxxminstioa
tending elicit evidence Of services contaasd in
plaintiffs bill Of particulars rs 1T was not served and
verified according to the new coda objection over
ruled Decision excepted to by defendants oounsel
Called plaintiff to attend u servant Of vr BsDnstt
named Therese, during the past summer does not
know how many visits plaintiff paid was directed BY
his fellow servants to go the doctor the
sion held the basin for plaintiff who attempted to
bleed the woman never told by either Mr.. or
Mrs Bennett to go for the doctor tho woman lived -
cook in the family.
Cross eramined-Thc doctor did not succeed In
drawing blood from the woman.
Mrs bennett, sworn-Knew the woman who wa, at
tended by plaintiff; che is dead; does not recoiect
sending for plaintiff was in town when the physician
arrived; the woman had been sick some days before
the physician called in; advised the woman -
send for one asked her to have sent for; DR..
Dobas attended her. does not recolect having intro
duced HIM to any other physician at her house; Mr..
Bel nett told plaintiff that the latter nothing
about his profession pai tiff told witness he had
c.aled the of the womans disease in order
not to alarm the other servants he said at first IL was
chickenpox; afterwards admitted 1t was smallpox
plaintiff VAS unwilling to enter tho woman's room,
although he permitted others to enter It.
JAMES G.. BENNETT, sworn with his conssnG-
DR.. Dobias had called many times before witness
knew of his attendance; knew nothing Of the case
for five six days after the woman taken SICK;
IL was on a Sunday he first appraised OF the nature
Of her Cisesse read note that day from DR. Dobss
stating that 1t q of small pox; had inter-
view with plaintiff on that day, and told HIM he had
acted disbonorably as a man and physician; there
COMPANY at my house at the time; wit ness was
obliged to hurry them away, on receiving the intel-
g. nee; at second interview witness told plaintiff he
did not consider him as having any claim upon him.
VALENTINE BENEDICT, Sworn-Is German lives
with Mr. Christy Iow knows the parties to this suit;
has never sen Mr.. Bennett before (Defendants
Counsel How do you know him II you have never
him before Has heard about this case; wssin
the when the doctor called upon by Mr. Ben
nette man.
At this stage of the trial the plaintiff counsel ask
ed to withdraw the action there being no testimony
to sustain it. Defendants counsel proposed to submit
1t to the jury but this precautionary declined by the
opposing counsel who insisted the plaintiff right
to withdraw his suit at any time before the issue is
sent to the jury. The judge sustained plaintiffs
counsel and so the action was withdrawn.
Counsel for defendant relied support Of his case,
the rule laid down in the of Watson, ct al Us
Wbaram, Durnford and Esst's Term Reports 2, SOTO
wit: That IL the person for whose use goods or ser
vices furnished be liable 81 all any other promise
by third person to pay that debt must be in writing
otherwise II Is void by the statute Of fraud This sta
tute is identical with that contained In the Revised
Statutes Of this State In r s. TO- sect 2 IL 10 de.
clared, That IN the following every agreement
shall be void unless such agreement, or some note or
be in writing and subscribed BY the parties to be
charged herewith
l. Every agreement that by it's terms is not to BE-
performed within one year from the making thereof
Every special promise to answer for the debt, oe-
fault or miscarriage of another person.
For Plaintiff Chas. A. Purdy, of White Plains.
For Defendant, Benjamin Uslbrsth