Legal Opinion

Fairbanks v. Mothersell

New York Supreme Court

Decided June 5, 1871PublishedCited by 8 opinions

APPEAL by the defendant from, a judgment of the county court of Jefferson county, affirming a judgment rendered by a justice of the peace. The action was commenced in a justice’s court.

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APPEAL by the defendant from, a judgment of the county court of Jefferson county, affirming a judgment rendered by a justice of the peace. The action was commenced in a justice’s court. The complaint alleged that the defendant was a married woman, owning, in her own right, a lot of land situated on "Washington street, in the city of Watertown, and that she was indebted to the plaintiff in the sum of $50, for work, labor and services performed for her by the plaintiff, in or about the month of November, 1868, at her request, and for the benefit of her separate estate. The answer was a general…

1Opinion of the Court

By the Court, Johxsos, J.

The work and labor for which this action was brought, was confessedly performed by the plaintiff, on the defendant’s separate property and estate; and she received the benefit and advantage of such labor. She was engaged in building a house.for herself, on premises owned by her separately; and the labor was performed on the premises, in some way, as clearly appears, as preparatory to, or in connection with, the erection of such building. The defense to this claim is that the work was done upon the employment of the defendant’s husband, on his own account, and not for…

2Cited by8 opinions

  1. Mackey v. WebbNew York Supreme Court · 1889
  2. Boynton v. SquiresNew York Supreme Court · 1895
  3. Parshall v. SmithNew York Supreme Court · 1889
  4. Benedict v. DriggsNew York Supreme Court · 1884
  5. In re ReuterNew York Surrogate's Court · 1887

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