Hudson v. . Lutz
Supreme Court of North Carolina
ActioN of assumpsit, tried before Caldwell, J., at the Spring Term, 1856, of Catawba Superior Court. The plaintiff declared for work and labor done ; he was the illegitimate son of a daughter of the defendant’s testator, and the mother and son had both lived in the family of the testator from the birth of the plaintiff, to the time of the testator’s death, at which time the plaintiff was fifteen years old.
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ActioN of assumpsit, tried before Caldwell, J., at the Spring Term, 1856, of Catawba Superior Court. The plaintiff declared for work and labor done ; he was the illegitimate son of a daughter of the defendant’s testator, and the mother and son had both lived in the family of the testator from the birth of the plaintiff, to the time of the testator’s death, at which time the plaintiff was fifteen years old. It appeared in evidence that the defendant’s testator boarded and schooled the plaintiff; that the schooling was mostly in the winter season; that, after he became able to labor, he worked…
1Opinion of the CourtPearson, J.
The evidence in support of the allegation of an express promise to pay for the plaintiff’s work, was certainly very slight; and we incline to the opinion, that his Honor would have been justified in telling the jury, there was no evidence to support it. The facts, that the defendant’s testator said the plaintiff was a “ good boy,” had anote for $100 drawn, saying “he wished to give it to him,” for his services for that year, and afterwards signed the note and left it among his papers, without delivering it, have a tendency to show a contemplated gratuity in respect to the plaintiff’s…
2Cited by10 opinions
- Sargent v. FolandOregon Supreme Court · 1922
- Dunn v. Currie.Supreme Court of North Carolina · 1906
- Jackson's Adm'r v. JacksonSupreme Court of Virginia · 1898
- Hicks v. Barnes.Supreme Court of North Carolina · 1903
- McGee v. . CrawfordSupreme Court of North Carolina · 1933
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