Case File No. 7

Re: Margaret Curry
M. D. Dutton v. Clapp & Co.

27 September 1802
Before Micajah Malbon, Surrogate

Copy of Notice to Margaret Curry ordering her to desist from practicing as a Doctress at Trepassey

Margaret Curry

I hereby give you Notice that you immediately desist from following your practice as a Doctress at Trepassey or any other place on the Island of Newfoundland, as if I find upon my return you continue to follow the practice, I will cause your house to be pulled down, and have you conveyed out of the Island.

Court House Trepassey
spacerSeptemr. 27th. 1802

Micajah Malbonspacer
Supreme Surrogate

M[ichael] D[avenport] Dutton v. Clapp & Co.
Before Lieut. McKillop, Surrogate

£ s d
Action to recover 14 .. 9 .. 6

On account of Doctoring. it appears that Defendant Last spring. Warn'd the Plaintiff not to attend his People. that If he did he might Look to the People for payment as he wou'd not pay him. Plaintiff having attended several of said People in the fall applied to them for payment. they refus'd to pay saing that Mr. Clapp had stopt their Doctoring. on Plaintiffs applying to Mr. Clapp. he told him that the money was not stopt for him But for Mrs. Curry. Mr. Clapp contends that the custom of this country is for Masters to appoint A Doctor for his servants. It appears that Mr. Clapp Did not appoint a proper Person. As on the arrival of Capn. Malbon, Surrogate. It appears that she was desir'd to Desist from such Practice. and as Both Parties agree'd that this case shou'd be referr'd to the

Supreme Court. It is so

Together with the Depositions of the Under Mentioned Person's ~~~

Michl. Moore (Sworn) Declares that he was Shipp't to Mr. Clapp for the Last season that he was attended by Dr. Dutton that he never was Desir'd by Mr. Clapp to apply to Mrs. Curry. that he was always satisfied with Dr. Dutton's attendance and that he once visited him on Mr. Clapps Premises ~

Wm. Power (Sworn) gave the same Evidence except that Dr. Dutton never visited him on Mr. Clapps Premises

Jno. Welch (sworn) Declar'd that among others he applied to Mr. Clapp to be allowed to employ Mrs. Curry & that his reason for so Doing was on account of Dr. Dutton misbehaving to one of his fellow servants by making him an Improper Charge.

Jno. Mealey (sworn) Declares that he Did apply to Mr. Clapp to be allowed to Employ Mrs. Curry. his reason for so Doing was Dr. Duttons having refus'd to attend him or his family.

Jno. Beer (sworn) Declares that he is a Clerk to Mr. Clapp & has been for two years. that During that time he never Knew Mr. Clapp to refuse his servants their Accounts and that It was not a constant custom to charge the Doctoring. some were, some were not, that in the Spring he her'd Mr. Clapp tell Dr. Dutton that he shou'd not attend his people or if he Did that he wou'd not be answerable for the payment. Dr. Dutton reply'd that if the men sent for him he shou'd attend them & he had no Doubt but they wou'd satisfy him themselves.~

Thos. [-ean?] (sworn) Declares he is a Clerk to Mr. Clapp & gave some Evidence as above except that he knew nothing of the conversation Between Mr. Clapp and Dr. Dutton

Graham Little (sworn) Declares that in the spring some youngsters belonging to Mr. Clapp came to him for Credit. some he gave Credit. and Dr. Dutton finding this came to him and requested him to stop from those youngsters his Doctoring as he did not expect to get it thro Mr. Clapp. he spoke to the men and they were agreeable that he shou'd stop the money. But on receiving their accounts they found that the Doctoring was stopt for Mrs. Curry and they refus'd to pay Dr. Dutton saying they wou'd not pay two Doctors. But that Dr. Dutton was the Person that they meant to Pay

Jno. McKillop. Surrogate

Michael Dutton v. William Clapp & Co.
27 September 1803
Before Thomas Tremlett, Esquire, Chief Justice

It appeared that the Plaintiff did not apply to the Defendants for the sundry sums due from their Servants to Plaintiff for Medical Attendance, until after they had been paid by said William Clapp & Co. the balance of their wages, The High Sheriff is hereby ordered to receive from the present masters of the sundry persons indebted to Plaintiff, the respective sums due from them to the said Michl. D. Dutton for medical attendance for the year 1802—to be charged against the persons so indebted in proportion to their respective debts.

Thos. Tremlett,spacer
Ch. Justice

Sources: PRL, 340.9 N45, Trepassey—St. Mary's: Notice re: Margaret Curry, 27 September 1802; and M. D. Dutton v. Clapp & Co., undated hearing and Order, 27 September 1803.