The Law and Medical MenRogers, R. Vashon (Robert Vashon)
History
The Law and Medical Men
Rogers, R. Vashon (Robert Vashon)
Medical laws and legislation
False teeth have been considered necessaries for a wife. One Andrews
had a conversation with Gilman, a dentist, as to the latter furnishing
the former’s wife with a plate of mineral teeth, and he agreed to pay
for certain other dental services rendered to Mrs. A. The plate was
furnished while Mr. and Mrs. A. were living together, and it was quite
suitable to the former’s circumstances and station in life; he saw it,
knew whence it came, raised no objection to it, still he declined to
pay for it. The Court, however, held him liable, not only because the
wife being permitted to retain the plate, and the other circumstances,
showed her authority to make the purchase, but also on the ground that
the teeth were some of those necessaries wherewith a husband is bound
to furnish his wife [454].
A dentist must not take any unfair advantage of his patient. Some
thirty years ago, one Captain Simpson, a very old seaman and a
pensioner in Greenwich Hospital, gave a bill of exchange, payable
eight months after date, for £262 10s. to one Davis, a London dentist,
purporting to be for value received. Davis said, the real bargain was
that he should during the whole of the Captain’s life attend to his
teeth, and supply him with new ones from time to time. He also said
that a new set of teeth would cost from £30 to £50. The bill was in the
handwriting of D.; it was given in his house when no third person was
by, and it was never heard of until after the captain’s death, which
took place before it was due. There was no writing as to the teeth.
The executors of Simpson declined to pay, whereupon Davis handed the
note over to a creditor of his own, |172| who sued both parties.
The executors filed a bill in chancery, impeaching the document for
fraud, and asking that it might be delivered up to them. The Court
thought that it was quite impossible for any reasonable being to draw
any inference from the materials before it, but that it was a case of
fraud—nay, a gross fraud, and the decree was made as asked [455]. Sir
Launcelot Shadwell thought that the case had points of resemblance to
that of _Dent_ v. _Bennett_ [456], in which a medical man bargained for
a very large sum of money to attend a person of advanced years until
death; but in that case the doctor had to attend to the whole human
body, not merely to a particular part of it.
Public-domain text, read in full here on John Shaqi.
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