Lane v. Calby
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John Oalby, as administrator, etc., of William Crawford, deceased, from a judgment of the Supreme Court in favor of the plaintiff,, entered in the office of the clerk of the county of Ulster on the 13th day of April, 1903, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 7th day of April, 1903, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Houghton, J.:
The action is to recover the value of board and care furnished to and performed for the defendant’s testator during several years prior to his death!
The plaintiff and her husband lived in the house of the testator, and there was proof that he had declared he intended to devise the house to the plaintiff in payment for -her services and kindness' to him. Against the defendant’s objection the value of the house and lot was proved to be $1,000. In response to a request of the plaintiff’s attorney, the court charged the jury that if they believed the deceased had made such a promise…
2Cases cited2 opinions
- Robinson v. . RaynorNew York Court of Appeals · 1863
- Ritchie v. BennettAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by3 opinions
- In re the Estate of SeifriedNew York Surrogate's Court · 1927
- In re the Judicial Settlement of the Accounts of WoodNew York Surrogate's Court · 1919
- West v. BauduitDistrict Court, District of Columbia · 1929