More v. Shepard
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Charles W. Shepard and another, as administrators, etc., from a judgment of the Supreme Court in favor of the plaintifEs, entered in the office of the clerk of the county of Delaware on the 14th day of January, 1909, upon the report of a referee. The claim is one for board and care of one Sally Burrhus in favor oE the estate, of her son, James Burrhus. It was disputed by the administrator of Sally, and was referred under the statute (Code Civ.
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Appeal by the defendants, Charles W. Shepard and another, as administrators, etc., from a judgment of the Supreme Court in favor of the plaintifEs, entered in the office of the clerk of the county of Delaware on the 14th day of January, 1909, upon the report of a referee. The claim is one for board and care of one Sally Burrhus in favor oE the estate, of her son, James Burrhus. It was disputed by the administrator of Sally, and was referred under the statute (Code Civ. Proc.'§ 2718). The referee has found that the plaintiffs’ intestate, James Burrhus, furnished board, lodging and care to the…
1Opinion of the Court
Chester, J.:
The claim as filed shows the payment by tile’ mother from time to time of considerable amounts of money amounting all told to $480, as credits upon the claim, but there is absolutely no proof in the case of any contract or promise or agreement by the mother to pay her son for board or care. Neither do we think any such agreement or understanding to pay can be inferred or implied from the circumstances appearing here. The payments of cash made by the mother to the son were irregular in time and in amount. Besides these she paid for certain materials, coal, etc., furnished by her…
2Cases cited6 opinions
- Williams v. . HutchinsonNew York Court of Appeals · 1850
- Shakespeare v. . MarkhamNew York Court of Appeals · 1878
- Ulrich v. . UlrichNew York Court of Appeals · 1892
- Moore v. MooreNew York Court of Appeals · 1860
- Moore v. MooreNew York Court of Appeals · 1860
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Harrigan v. CahillNew York Supreme Court · 1917
- In re the Accounting of KlausnerNew York Surrogate's Court · 1948