In re the Estate of Young
Michigan Supreme Court
Error to Wayne. Appeal to the circuit court from the allowance by commissioners in probate of ,$196.88 on a claim by George G. Torrey against the estate of his wife’s sister, Sarah Ann Young, for board, lodging, washing, fuel, light, nursing and other services furnished to her. The circuit judge instructed the jury to find for the estate and disallowed the claim, and the claimant brings error.
1Opinion of the CourtMarston, J.
We are of opinion that the court erred in withdrawing this case from the consideration of the jury, and in charging that the facts proved were not sufficient to entitle the claimant to a verdict.
The case should have been submitted to the jury under proper instructions, as it was for them to say whether, under all the facts and circumstances in the case, there was a promise to pay.
*431The relationship existing between the parties at the time the claim accrued would not be conclusive against the right to recover, even although no express promise to pay was proven. No absolute rule can be laid down;…
2Cited by7 opinions
- Guilmet v. CampbellMichigan Supreme Court · 1971
- McKenzie v. SykesMichigan Supreme Court · 1882
- Belknap v. BelknapSouth Dakota Supreme Court · 1906
- Ford v. McLaneMichigan Supreme Court · 1902
- Kleimola v. KauppiMichigan Supreme Court · 1924
2 more not listed; retrieve them via the Exa API.