Sanders v. . Ragan
Supreme Court of North Carolina
Civil actioN to recover for' work and labor done and money advanced by plaintiff to defendant’s intestate while they lived together as man and wife, tried before Clime, J., and a jury, at March Term, 1916, of G-uilKobd.
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Civil actioN to recover for' work and labor done and money advanced by plaintiff to defendant’s intestate while they lived together as man and wife, tried before Clime, J., and a jury, at March Term, 1916, of G-uilKobd. The allegations and proof on the part of plaintiff tended to show that on, or about 20 September, 1913, she was induced to go through the forms of marriage with defendant’s intestate, and lived with him as his wife, fully believing she was such, till the date of his death in February, 1915, when she ascertained that, during all the time intestate had a lawful wife still…
1Opinion of the CourtIIokb, J.
There is conflict of authority on the question presented in this appeal, but we are of opinion that the decisions in support of plaintiff's claim have the better reason and that the judgment in her favor should be aflirmed. True, the position is fully recognized in this jurisdiction that no recovery can be had for services rendered when they are given and received without expectation of pay. Guano Co. v. Bennett, 170 N. C., 345, citing Winkler v. Killian, 141 N. C., 578; and Prince v. McRae, 84 N. C., 675. But the principle should have no application to this record, where, on the facts as…
2Cases cited8 opinions
- Cooper v. CooperMassachusetts Supreme Judicial Court · 1888
- Higgins v. BreenSupreme Court of Missouri · 1845
- Stroud v. . Insurance Co.Supreme Court of North Carolina · 1908
- Simms v. . VickSupreme Court of North Carolina · 1909
- Hickam v. HickamMissouri Court of Appeals · 1891
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3Cited by21 opinions
- Sanguinetti v. SanguinettiCalifornia Supreme Court · 1937
- Alexander v. KuykendallSupreme Court of Virginia · 1951
- Lazzarevich v. LazzarevichCalifornia Court of Appeal · 1948
- Wolf v. FoxWisconsin Supreme Court · 1922
- Thormer v. LEXINGTON MAIL ORDER COMPANYSupreme Court of North Carolina · 1954
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