Scottish Court of Session Decisions

Subject_1 PRESUMPTION.
Subject_2 DIVISION II.

Payment when presumed.
Subject_3 SECT. V.

Honoraries presumed paid.

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.