New-York tribune., 1907-02-24
MR. CROCKER NON-SUITED
Court UphoIds Contract 5cith DR..
Doyen for $?O,OOO Fee.

Paris Feb. 23.-George Crocker. OF san Fran
cisco. has been uon-suitcd and ordered 10 pay
the costs Of his action 10 recover $4,000 from
Dr. DoyCu which Mr.. Crocker paid the physi-
clan in 1904 for treating the late Mrs Crocker
for cancer. The First Tribunal OF the Seine. In
rendering Judgment to-day. held that the good
faith Of Dr.. Doyeu had been wrongly attacked
The contract. It was pointed out. had been
freely entered into. and therefore could not be
Guuuled unless Or. Doyen failed TO perform his
duty. which not the case. as he Withdrew
Mr.. CroCker's request and was ready at all
times 10 resume MS treatment Of Mrs. CroCker.
The court declared ii could not decide the
question Of the reasonableness of the fee. but
only that OF the validity Of the contract.
AIr Crocker began MS suit against Dr. Doyeu In
1901 Two years previously the French physician
lad told Of new serum invented by him for the
treatment OF anthrax. and tho discovery had been
the subject of considerable discussion and conse-
queut publicity. In April, 1901, Mr. Crocker brought
his wife. who suffering from cancer, to Paris,
ia the hope that Dr Doycn would undertake the
treatment OF the case Mr.. Croker stated in his
complaint that DR.. Doycu examined Mrs. CrocEer
and expressed great optimism saying that he
was the inventor OF "a new treatment for cancer
by the injection of serum known 10 him alone:
and that. II Mrs CrocSer would follow It. he hoped
To cure her" Mrs Crocker had previously been
operated on by Sir Alfred Frgp. OF London, and
had been examined by other noted physicians. all
OF whom had given the opinion that the case was
Dr. Doyen began his treatment on April 20, At
were staying. Mr. CrocEer stated that he asked
Or Doyen several occasions what his fee would
he, and That the physician had referred MN To me
superintendent Of his private hospital, NJ Gre
all financial arraLgements. In the course OF few
days NJ. Cirenouillet that the fee I'm view Of
of Crocker. wou1G be 100000 francs Cs2o.O0o).
NJ. Grenouillet then reminded Mr.. Crockcr that the
absolute custom I'm France was To pay medical
fees in advance ana wrote at Xar29s other times
through
demanded, fearing. IS stated In his complaint. the
result OF any interruption In the treatment OF hs
Wife which the conditions and terms OF the
claim led him Ito fOreSee'
Mrs CroCker appeared 10 grow worse instead ot
better. and May = Dr.. DOyen asked to
dscGhtna9 a Ms {hmGP' %nGh ne a GG. fha so
stated that tor some time previous 70 the doctor =
afterward a result according to Mr. Crocker. that
Dr. Sec had anticipated and foretold declaring that
he believed Mrs. Crocker to be incurabie.
Thereupon MIR. Crocker sued Or. Doyen for re
turn OF the fee: payment of which, he alleged, had
been extorted from him by moral violence In a
event OF his winning tho suit he should donate the
in paris ~ '''''
The attracted 4 great deal Of attention at
among physicians in this country. While a few Of
mtitine themselyeS i'm rnsard 10 the
OF the fee demanded and paid. they We're Il unit in
asserting that no medical practitoner in the United
States could hope, under the American code OF
ethics. TO maintain his professional standing If he
remedy the formula OF which he refused to dis
close. lhe pfeslueIl OF the New Ork Academy OF
Medicine said that a member OF that body who
might be found engaging IN such practice would
certainly be severely disciplined and probably eX-
PEELED.
Or. Samuel Pozzi. OF Paris, a member of the
French Academy OF Medicine and president OF the
French Congress of Surgery. which met In Paris
in October, 1904. criticised Dr. Doyens action Al
preserving the secrecy of the composition of the
serum IN interview cabled this country short
ly before the opening of the congress. Dr. Doyen
then requested permission 10 read q paper before
the congress- which granted. He referred to
previous COMMUNICATIONS made To the French
Academy of Medicine in February, In which he
said he had given minute directions for tho prepa
ration of the serum and the mode Of treatment
Or Doyen asserted that lie had never claimed To
have discovered general formula for cancer cure
1p asking that special committee OF the congress