Hawley v. Morton
New York Supreme Court
THIS action was tried before a referee, who found there was due, from the defendant to the plaintiff, at the date of his report, the sum of $180. Judgment was entered on the report in favor of the plaintiff for $315.56, damages and costs. From this judgment the defendant appealed to the general term.
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THIS action was tried before a referee, who found there was due, from the defendant to the plaintiff, at the date of his report, the sum of $180. Judgment was entered on the report in favor of the plaintiff for $315.56, damages and costs. From this judgment the defendant appealed to the general term. The action was brought upon a bond in the words and figures following, viz: “ Know all men by these presents, that we, Alexander Morton and Esther Morton, of Walton, Delaware county, are held and firmly bound to Charity Hawley, of Walton, of said county, in the sum of five hundred dollars, lawful…
1Opinion of the Court
By the Court, Balcom, J.
The bond upon which this action is founded bears date the 22d day of November, 1848. The condition of the same is, that the defendant and his wife shall from time to time, and at all times during the natural life of the plaintiff, well and sufficiently maintain and keep her, or cause her to be well and sufficiently maintained and kept, “in the house of him,” the defendant, “ with meat, drink, clothes and all other things necessary and convenient.” The action was tried before a referee, who found that the plaintiff was supported by the defendant, in his house as one of…
2Cases cited1 opinion
- McKillip v. McKillipNew York Supreme Court · 1850
3Cited by1 opinion
- Loomis v. LoomisNew York Supreme Court · 1862