Legal Opinion

Spencer v. Spencer

Massachusetts Supreme Judicial Court

Decided May 22, 1902PublishedCited by 33 opinions

Contract for work done by the plaintiff for the defendant for twelve years from August, 1888, to August, 1900, at $2 per week. Writ dated February 26, 1901. At the trial in the Superior Court before Hoplcins, J., it appeared, that the plaintiff was an unmarried woman and a sister of the defendant, who was a wool sorter by trade.

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Contract for work done by the plaintiff for the defendant for twelve years from August, 1888, to August, 1900, at $2 per week. Writ dated February 26, 1901. At the trial in the Superior Court before Hoplcins, J., it appeared, that the plaintiff was an unmarried woman and a sister of the defendant, who was a wool sorter by trade. The plaintiff offered evidence tending to show, that the defendant’s wife died in 1885, leaving him with four children, the oldest being then ten years of age; that the defendant requested the plaintiff to come and live with him, to keep his house and take care of his…

1Opinion of the CourtHolmes, C. J.

This is an action for personal services brought against the defendant by his sister, an unmarried woman. For a time she lived with him as his housekeeper for pay. Then he fell ill and she kept on for twelve years, receiving no pay, or at most, $5, which was disputed, but on the contrary working out' and using the money she earned for the support of the defendant and his children. The judge instructed the jury in substance that the plaintiff could not recover unless she had expected to be paid for her services and had believed that the defendant knew that payment was expected for them, and…

2Cases cited3 opinions

  1. Hobbs v. Massasoit Whip Co.Massachusetts Supreme Judicial Court · 1893
  2. Day v. CatonMassachusetts Supreme Judicial Court · 1876
  3. Bohn Manufacturing Co. v. SawyerMassachusetts Supreme Judicial Court · 1897

3Cited by33 opinions

  1. LaChance v. RigoliMassachusetts Supreme Judicial Court · 1950
  2. Butler v. ButlerMassachusetts Supreme Judicial Court · 1916
  3. New York Central & Hudson River Railroad v. York & Whitney Co.Massachusetts Supreme Judicial Court · 1918
  4. Gallagher v. PhinneyMassachusetts Supreme Judicial Court · 1933
  5. Greany v. McCormickMassachusetts Supreme Judicial Court · 1930

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