Martin v. Wright's Administrators
New York Supreme Court
This was an action of assumpsit for the board and lodging ofAlexander Wright, the,intestate, and for work, labor andservices rendered for him. The intestate was the father of plaintiff’s wife; he died in 1830, an aged man,' worth considerable property. About' 15 years previous to his death, his wife died.
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This was an action of assumpsit for the board and lodging ofAlexander Wright, the,intestate, and for work, labor andservices rendered for him. The intestate was the father of plaintiff’s wife; he died in 1830, an aged man,' worth considerable property. About' 15 years previous to his death, his wife died. After her death he continued to reside on his own farm, letting it out to tenants, whom he took into his house, and with whom he boarded ; but whenever he was sick or unwell, he went to the house of the plaintiff, his son-in-law, where he remained from time to time until he recovered his…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The facts disclosed by the case presented to us, on the motion to set aside the report, were sufficient to warrant the referees in finding that the services for which compensation is sought by this action were never intended, on either side, to be gratuitous. A reference to some of the cases cited will show the circumstances under which services rendered shall be considered gratuitious. The case of Osborn v. The governors of Guy's Hospital, 2 Strange, 728, is often referred to on this point, though it was only a nisi prizes decision. That was an action for services…
2Cited by30 opinions
- Robinson v. . RaynorNew York Court of Appeals · 1863
- Shakespeare v. . MarkhamNew York Court of Appeals · 1878
- In re Williams' EstateMichigan Supreme Court · 1895
- Jilson v. GilbertWisconsin Supreme Court · 1870
- Quackenbush v. EhleNew York Supreme Court · 1849
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