Hill v. Carr
Supreme Court of New Hampshire
Assumpsit, to recover for board, room, care and special attention furnished the defendant’s testatrix, Hannah Carr, in her lifetime according to the following specification: To board and room from June 15, 1902 to March 30, 1907, 250 weeks at $4.00 per week, $1,000.00 “ board, room, washing, mending, nursing and special care of Miss Carr from March 30, 1907 to Feb- ! ruary 10, 1912,254 weeks at $5.00 per week, 1,270.00 “ board, room, washing, mending, nursing and special…
Read the full summary
Assumpsit, to recover for board, room, care and special attention furnished the defendant’s testatrix, Hannah Carr, in her lifetime according to the following specification: To board and room from June 15, 1902 to March 30, 1907, 250 weeks at $4.00 per week, $1,000.00 “ board, room, washing, mending, nursing and special care of Miss Carr from March 30, 1907 to Feb- ! ruary 10, 1912,254 weeks at $5.00 per week, 1,270.00 “ board, room, washing, mending, nursing and special care of Miss Carr from February 10, 1912, to February 10, 1914, 104 weeks at $7.00 per week, 728.00 $2,998.00 Credit.…
1Opinion of the CourtParsons, C. J.
From the acceptance by the defendant’s testatrix of the service rendered her, the law implies a promise to pay what the service was worth. The fact of service and its value are not contested but the defendant contends that the evidence conclusively establishes that all the services were rendered under an express contract to furnish them for a fixed sum paid in advance. The only exception before the court is one to the refusal of the court to order a verdict for the defendant at the conclusion of the evidence. To sustain the exception therefore not only must the existence of the alleged…
2Cases cited4 opinions
- DenfieldMassachusetts Supreme Judicial Court · 1892
- Willett v. CarrollCourt of Appeals of Maryland · 1859
- Lyon v. . LyonNew York Court of Appeals · 1875
- Shuttleworth v. ShuttleworthWest Virginia Supreme Court · 1890
3Cited by4 opinions
- 93 Clearing House, Inc. v. KhourySupreme Court of New Hampshire · 1980
- Derosier v. New England Telephone & Telegraph Co.Supreme Court of New Hampshire · 1925
- Katsikas v. Manchester Street RailwaySupreme Court of New Hampshire · 1939
- Hallinan v. KijakaziDistrict Court, D. Alaska · 2021