Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-10-17
An Interes,t.r Case pec,s.s

NiAH BILL AGAINST GUEST IN HIS
A few days ago Justice Walter had before
hlu1 tue c1se OF DIR. Aoung against Mr.. n. II.
Miller. and after hearing the evidence he gave
Judgment for the defendant. The facts were
that DIR. Young was called TO defendants house
Is consulting physician with Or. Bshrend and
by the consent and with the knowledge and
assent ct defendant rendered services to his
nephew and niece. The bill wes presented, and
defendant refused 10 pay on the ground that he
YVES not liable. The Justice, in his decision,
says" The plsintif knew that they were
the nephew and niece of the defeud-
ant, and that they had pro perty Ia Europe
III the defendant had requested the plaintiff to
render service, as physician, to his nephew and
niece, with the mutual understanding that de-
PENDANT would pay Tor these services there can
DC no doubt thst defendant would have been
bound to pay. IL A requests b to render ser
vice TO @, and b does so, and there are no cir
cumstances connected with the transaction
known TO b, rebutting the idea that A meant
TO Bay IL, and understood that A was TO nav
him, then the law implies the promise to pay,
from the request, and it makes no differences
whether A derives any benefit from the service
obligation to have the service rendered
to q, or net. But, if the circumstauees
put the plaintiff on the inquiry, as
If A sends for y. physician to attend a SICK
man, guest or bcardoF in AS house, whose bill
A is under no Obligation to pay, and who pre-
sumpt'yely, can pay Ills own bill, then the
law pTegumes that A acted % the agent of in
sending tor the physician, ard raises no promise
against A to pay the hill from the request. The
promise is raised by the law against G. The
reat ons for this is that Circumstances and ap-
peerances were enough to put b, the physician
on inquiry, from which he wOuld have learned
that o YVES man able to pay his own Bill and
the guest Of a, and that & was under no legal
obligation to pay the bills of g. These facts
thus made known to b, the physician, ygouli
rehut tie idea that expected or Intended to
pay the bill, and fasten the promise TO pay G,
to whom the services were rendered.
so in the case ct bar, Or. Young, the plain
tin, knew that the nephew and niece OF MIR
Miller were guests in his house that the law did
rot place Mr.. Miller, the defendant, under any
legal Obligations to furnish them with medical
advice and services. This was enough 10 have
put him OF inquiry; because il ought to have
raised question In his mind, whether Mr.
Miller, the defendant, meant himself to paw for
the teryices OF whether he was acting as the
agent of his nephew and niece simply TO call the
doctor. in. Had he made inquiry he would have
hound that the nephew and niece were not only
not invited guests in MIR. MilleT's house, but
that they had come across the ocean, without
his knowledge, 10 his house, and were allowed
10 remain there as an act of humanity and
charity, and that they had property themselves
Sufficient to pay the Sc physicians bills and that
the defendant expected these bills TO he paid
ont OF their property. 1t makes no difference
that the children's property was in Europe be-
cause the reason why the promise of defendant
rs not implied from the request is that the facts
known to DR.. Young repealed the implication
and II the promise il not implied from the re-
quest, then there is no pFomise of defendant
and no contract with defendant, and
there can be no recovery against defen-
dant. There was 10 expressed promise, and
the facts known 10 DR.. Young were sufficient to
rebut any implied promise. The law does raise
an implied promise against the children, which
can be eDiorced against their property If the
plalntlt Will take the trouble and expense Of
doing so. Nor does 1t make any difference that
Mr.. Miller was, or may have been, under come
moral obligation, to see that these children had
medical aid, and promised afterwards 10 pay
the bill. II is well settled that a mere moral
obligation will not support promise to pay.
All the authorities agree on this ChItty, Con
tracts, PIP. 81 -, 90; v0l.1. Parson's Contracts,
PIP: 452, 2; vol. 1. Smiths Contracts, p. 81
The legal obligation 70 provide for each other
EXTENDS only TO the natural relations of parent
an, child, aud not to rephews aud nieces, unclc7
and aunta, etc. Cooper vs. Martin, East, D.
rs; Tnbb and Harrison, Term, Report. IisI
Blood relationship between collateral ia a good
cOng'deraticn for deed, &c, but not 70 SUP.
Contracts. p. 81; Parsons Contracts, 1871. .:
l Chitty's Contracts, PIP. q, IS, 50.
The RACE BETWEEN THE AHALosTAN AND
NASSAU BOAT CLUBs.-Tbe New York Tires
OF yesterday contains the following account of
the race on the Harlem river on THURSDAY last
between the Apalosians OF this city, and Mas
saus, OF New York -" The steamer Virginia
Seymour carried the judges and guests over the
course, which was frcm Norris dock TO The
Powder boat-abOut 100 feet short of three
miles. The race, which was for four-oared
khells, was straight away with the tide, which
Was at ebb. The AnalOstGns had the New York
shore, the Nassaus starting to midstrelm. at
the word ego" the AnalOstans got of in oOof
order, and steadily passed the NaSsaus who had
missed their first stroke. aud we're rolling badly
and before the latter could recover, had ob.
tanned an advantage of half a length. At this
point the Washingtonisns rowed short and
steady stroke OF "A TO the minute, and continued
TO increase their lead until within q fprIoug
OF High Bridge, where they crossed the
Nsssaus bow, with plenty Of clear water
between them. The AnalOstan ans kept STRAIGHT
on, following the tide, as if they were more
az nome upon that course than their rivals
Who lost considerably by bad steering, going
alternately from one side of the river TO ths
otbeF, and seldom acquiring any benefit from
me Jar tide running In tire channel. Passing
the center srch of High Bridge, the Analostans
led by two full lengths, and were rowing in
much better form than their opponents, who
failed to respond 70 the constant call OF their
stroke. Halfway on the course the river makag
a rather abrupt bend and Is very wide. Here
the Analostans gained an additional advantage
by Keeping clsse TO the Westchester shore,
While the Nsssaus crossed TO the opposite side
where they were again compelled TO bring their
boat out into the stream, in order to make Their
way through McCombs' Dam Bridge. The
Analostans now settled to a steady stroke OF
forty, and held their advantage to the end
winning the race in IS minutes 50 seconds, and
defeating the Nassans by % seconds. The crews
were composed as follows:
AnoloStdR-Charles Brown, bow; II. Showers,
Elliot.
Nassou-Lindsay Watson, bow; George G.
Powers, Jason II. Miller, Frank W. Bacon,
stroke. Boat by Jewett of England"
TER LITTLE SISTERS OF THE POoR-Layin0
OF the Corner Stone Of Their Nety CtaDeJ-The
corner stone of the new chanel OF the Home for
Aged Men and Women, will be laid at four
O'Clock &c morrow afternoon. Most Rev. Arch
bishop BaYley of Baltimore, assisted by the
Catholic clergy OF the District, will perform the
sacred ceremony. Rev. j. j. Keane will de-
liver the sermon, and the Young Catholics
Friend Society will act as the guard OF honor
The chapel will be OF red sandstone, 81 by 90
feet, and will be situated Immediately in rear
OF the center building, with which IL will com
The center building now being
rapidly puzzled to completion, will be CT BIZ % |
feet, four stories high, and will accommodate
one hundred more aged poor. 1t will cost
go COO, and the appropriation recently made
by Congress will aid mate rally In covering this
expense. There are thirty-three Old men and
and twenty-seven aged and infirm woman In the |
Home.
TIE WASHINGTON MoNUMENT-Thef follow
ing subscriptions were received this morning:
W ashington Lodge, No. 2, L. O. o. F., Norfolk.
Va, $50; Amity Lodge, No. I66, L. o. o. f.,
j., SOS.