Opinion
April 29, 1942.
Appeal from Supreme Court, Broome county.
Present — Hill, P.J., Crapser, Bliss, Heffernan and Schenck, JJ.
This action is brought to recover for the care and maintenance of one Sarah Jane Futcher and her baby. She had been committed to the Mt. Magdalen Training School in Troy by the City Court of Binghamton as a wayward minor under a commitment which directed that this institution render its charges for her are and keeping to the defendant. When it became necessary that she have hospital care she was taken by the training school to the plaintiff hospital. No notice of this fact and that the hospital would expect to receive its pay from the defendant, was given to the defendant at or near that time, although a bill was sent several weeks later. Order unanimously affirmed, with ten dollars costs and disbursements.