Mountain v. Fisher
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lac County. Josephine Mountain, an infant, brought this action by her guardian, to recover the alleged value of about eight years’ services rendered to defendant, by her, as a domestic servant, from 1858 to 1866. The answer was, in substance, that defendant, at the request of the plaintiff and her friends, took her, being destitute and an orphan, into his family with an agreement that she might live in it as a member thereof, and be…
Read the full summary
APPEAL from the Circuit Court for Fond du Lac County. Josephine Mountain, an infant, brought this action by her guardian, to recover the alleged value of about eight years’ services rendered to defendant, by her, as a domestic servant, from 1858 to 1866. The answer was, in substance, that defendant, at the request of the plaintiff and her friends, took her, being destitute and an orphan, into his family with an agreement that she might live in it as a member thereof, and be fed, clothed, schooled, instructed and cared for as such, so' long as she should .desire to stay, and in return therefor…
1Opinion of the CourtCole, J.
It is claimed that the motion for a nonsuit should have been granted, because no contract was shown by which the plaintiff was to be paid for her services. It is said that a person cannot be made a debtor without a contract express or implied, and that no express contract was shown, nor from the facts in the case would the law imply one. It is admitted that there was no express agreement made about the plaintiff’s wages. But although no express promise was shown to pay the plaintiff what her services were reasonably worth, yet it is manifest the law would imply such a promise under certain…
2Cases cited1 opinion
- Birdsall v. DunnWisconsin Supreme Court · 1862
3Cited by13 opinions
- Hall v. FinchWisconsin Supreme Court · 1871
- Tyler v. BurringtonWisconsin Supreme Court · 1876
- In re Valentine's WillWisconsin Supreme Court · 1896
- Schwantes v. StateWisconsin Supreme Court · 1906
- Murphy v. MurphySouth Dakota Supreme Court · 1890
8 more not listed; retrieve them via the Exa API.