In Fisher v. Fisher (129 N.Y. 654) the physician was asked various questions as to the mental condition of his patient, excluding from his mind in answering the questions any knowledge or information he had obtained while acting as her medical attendant, and confining his answers to such knowledge and information as he had obtained by seeing her when she was not his patient.

In Fisher v. Fisher (129 N.Y. 654) the following language occurs in the opinion: "Upon the trial Doctor Curtis was called to give evidence as to the mental condition of Eliza Fisher at or about the time when she executed the deed. It appears that he had attended and prescribed for her professionally, and that he had also seen her at various times when he was not in attendance upon her for the purpose of treating her professionally.