Benson v. Morgan

Marston J.

The plaintiff: brought an action of assumpsit against the defendants for work and labor performed by her in a hotel. She declared generally upon the common counts and gave evidence of a special agreement under which she was to receive one dollar per day. At the time the agreement was made, and while the services were being *79performed, her husband, it was claimed, was interested with the other defendants, and that this claim, if any ever existed, was, in a settlement made between plaintiff’s husband and his co-defendants, taken into consideration and paid.

All of the material questions…