Legal Opinion

Aiken v. Nogle

Supreme Court of Kansas

Decided July 15, 1891PublishedCited by 11 opinions

Error from Wabaunsee District Court. This was an action commenced by Emma C. Nogle against Mrs. Elmira A. Aiken, formerly Mrs. Elmira A. Giles, to recover $658.35, and interest thereon, for wages as a servant.

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Error from Wabaunsee District Court. This was an action commenced by Emma C. Nogle against Mrs. Elmira A. Aiken, formerly Mrs. Elmira A. Giles, to recover $658.35, and interest thereon, for wages as a servant. The petition alleges that the wages were due upon a verbal contract made between the parties about July 1, 1881; that by the terms of the verbal contract the defendant promised to pay to the plaintiff $100 per year for each and every year she worked for her as a servant, and that the plaintiff worked for the defendant from about July 1,1881, to February 6, 1888. The action was tried…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

The principal objections to the judgment

are, that the contract between Emma Nogle and Mrs. Aiken, formerly Mrs. Giles, was verbal only, and therefore void under the statute of frauds, because it was not to be performed within the space of one year from the making thereof; (§6, ch. 43, relating to frauds and perjuries;) and because the cause of action was barred long before it was commenced. The statute of frauds cannot avail in this case. The evidence shows that the verbal contract was made about July 23, 1881, after Emma Nogle became of…

2Cases cited3 opinions

  1. Kent v. . KentNew York Court of Appeals · 1875
  2. Carney v. HavensSupreme Court of Kansas · 1879
  3. Sutphen v. SutphenSupreme Court of Kansas · 1883

3Cited by11 opinions

  1. Powder River Live Stock Co. v. LambNebraska Supreme Court · 1893
  2. Henshaw v. SmithSupreme Court of Kansas · 1918
  3. Dubbs v. HaworthSupreme Court of Kansas · 1918
  4. Richard v. KilbornSupreme Court of Kansas · 1939
  5. Ed Dewitte Ins. Agency, Inc. v. Fin. Assocs. Midwest, Inc.Supreme Court of Kansas · 2018

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