Doctor James Hamilton, Physician, v. Margaret and Barbara Gibson
Date: 15 June 1781 Case No. No 89.
Physicians fees not always presumed paid.
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It is presumed in law, that physicians' fees, like all honoraries, are instantly paid without receipt; and, therefore, action is not competent for the payment of them, against the representatives of a deceased patient.—The Lords, however, found, that particular circumstances may make an exception; and, in the present case, inter alia, repelled the defence founded upon this general rule.
The attendance for which the fees in this case were due, was not during the last illness; for, as to that, the point has been formerly decided.
Lord Ordinary, Elliock.Act. N. Fergusson.Alt. Elphingston.
Fol. Dic. v. 4. p. 121. Fac. Col. No 60. p. 98.
