Henry v. Rowell
New York Supreme Court
Motion to dismiss at the close of the testimony reserved until after verdict. Action on quantum meruit for the value of twelve years’ board and lodging furnished by the plaintiff to the defendant’s decedent. Verdict for the plaintiff. The defendant pleaded the six years statute of limitations.
1Opinion of the Court
Gaynor, J.:
According to the testimony for the plaintiff, the plaintiff and his sister, the decedent, entered into an oral contract in 1872 by which in consideration of the plaintiff agreeing to board and lodge her in his household as long as she should live, she agreed to leave to him by will all of the property she should own at the time of her death. The complaint alleges the agreement to be that the plaintiff was to so board and lodge the decedent only “ for such time as she should remain with him”, in consideration of her said promise; but the submission to the jury by request of the…
2Cases cited8 opinions
- Reynolds v. . RobinsonNew York Court of Appeals · 1876
- Dillon v. . AndersonNew York Court of Appeals · 1870
- Robinson v. . RaynorNew York Court of Appeals · 1863
- Clark v. MarsigliaCourt for the Trial of Impeachments and Correction of Errors · 1845
- Martin v. Wright's AdministratorsNew York Supreme Court · 1835
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Ga Nun v. . PalmerNew York Court of Appeals · 1911
- Engelbrecht v. HerringtonSupreme Court of Kansas · 1917
- Zuhn v. HorstWashington Supreme Court · 1918
- Messier v. MessierSupreme Court of Rhode Island · 1912
- Paul v. SnyderIndiana Court of Appeals · 1913
4 more not listed; retrieve them via the Exa API.