Dolbeer v. Casey
New York Supreme Court
OTIOif by the defendant for a new trial, upon exceptions. The plaintiff, in his complaint, alleged that on the 10th day of May, 1849, Baxter Bowman, the defendant’s testator, in his lifetime, was the husband of Abigail Bowman; and at the request of said Baxter Bowman, the said Abigail Bowman and the infant children of the said Baxter boarded with and were kept by one Samuel Bowman, and by him, at the request of the said Baxter, were furnished and provided with food,…
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OTIOif by the defendant for a new trial, upon exceptions. The plaintiff, in his complaint, alleged that on the 10th day of May, 1849, Baxter Bowman, the defendant’s testator, in his lifetime, was the husband of Abigail Bowman; and at the request of said Baxter Bowman, the said Abigail Bowman and the infant children of the said Baxter boarded with and were kept by one Samuel Bowman, and by him, at the request of the said Baxter, were furnished and provided with food, provisions and lodging, washing, medical attendance and advice, and clothing necessary for their comfort, for the period of six…
1Opinion of the Court
*155By the Court,
T. R. Strong, J.
The omission and refusal of the deceased to provide for his wife was fully proved; and the motion for a nonsuit was properly denied. He declared he would not provide for his family, and abandoned them. The wife was in actual want, when she was received and taken care of by the assignor of the plaintiff.
The question presented upon the refusal of the justice to charge as first requested is, whether an executor or administrator is entitled to the benefit of' the six month’s, limitation prescribed by § 38 of 2 R.S. p. 89, for the commencement of an action upon a claim…
2Cited by2 opinions
- Cooke v. . MillardNew York Court of Appeals · 1875
- Murray v. SmithThe Superior Court of New York City · 1863