Quackenbush v. Ehle
New York Supreme Court
Motion to set aside the report of a referee. The action was assumpsit. The declaration contained one count on a special contract, in which the plaintiff" alleged that the defendant’s testator, who was his father, in consideration that the plaintiff would remain with him and aid him in the cultivation of his farm, and would otherwise devote himself to the business of the testator during the testator’s life, promised that he would make arrangements, by will or otherwise, that…
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Motion to set aside the report of a referee. The action was assumpsit. The declaration contained one count on a special contract, in which the plaintiff" alleged that the defendant’s testator, who was his father, in consideration that the plaintiff would remain with him and aid him in the cultivation of his farm, and would otherwise devote himself to the business of the testator during the testator’s life, promised that he would make arrangements, by will or otherwise, that the plaintiff should, at the testator’s decease, have the testator’s farm, &c. averring performance, and breach, &c. The…
1Opinion of the Court
By the Court, Paige, P. J.
The principal question in this ease is whether the services of the plaintiff for his father were to be performed gratuitously, or whether the plaintiff and his father, at the time the services of the former were performed for the 5} latter, intended that the plaintiff should be in some way com-' pensated for such services. This was a pure question of fact for the decision of the referee. He has decided that it was the intention of both parties, at the time the services were rendered, that they should be paid for. The report of a referee is like the verdict of a jury.…
2Cases cited5 opinions
- Douglass v. TouseyNew York Supreme Court · 1829
- Lawrence v. HuntNew York Supreme Court · 1833
- Martin v. Wright's AdministratorsNew York Supreme Court · 1835
- Patterson v. PattersonNew York Supreme Court · 1816
- Jacobson v. Executors of Le GrangeNew York Supreme Court · 1808
3Cited by25 opinions
- Robinson v. . RaynorNew York Court of Appeals · 1863
- Ellis v. CaryWisconsin Supreme Court · 1889
- Porter v. . KingsburyNew York Court of Appeals · 1879
- Stone v. ToddSupreme Court of New Jersey · 1887
- Schwab v. PierroSupreme Court of Minnesota · 1890
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