Smith v. Milligan
Supreme Court of Pennsylvania
Error to the Common Pleas of Qlinton county. This was an action of assumpsit brought by Jacob Smith against J. O. Milligan, administrator, &c., of Hugh Milligan, deceased, to recover compensation for boarding and attendance on deceased, from April 1852 to August 1853. Hugh Milligan, who was a m'an of considerable means, was the father-in-law of Jacob Smith.
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Error to the Common Pleas of Qlinton county. This was an action of assumpsit brought by Jacob Smith against J. O. Milligan, administrator, &c., of Hugh Milligan, deceased, to recover compensation for boarding and attendance on deceased, from April 1852 to August 1853. Hugh Milligan, who was a m'an of considerable means, was the father-in-law of Jacob Smith. During most of the time while he lived with Jacob Smith he was insane, very feeble, and the source of great trouble, care, and annoyance to those who had the charge of him. Before going to hoard with Smith, he had been living with a Mr.…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
Generally, when services have been rendered by one person to another, the law presumes a promise, on the part of him who has received them, to pay what the services were reasonably worth. Such an engagement is accordant not .only with reason and justice, but with the common usages of society, and hence a contract to pay is implied. This implication, however, is rebutted by any proof that shows an intention to give and receive without compensation. The question always is, was payment contemplated by the parties ? — Did they deal with each…
2Cited by10 opinions
- Gibb's EstateSupreme Court of Pennsylvania · 1920
- Sargent v. FolandOregon Supreme Court · 1922
- Harrington v. HickmanSupreme Court of Pennsylvania · 1892
- Perkins v. HasbrouckSupreme Court of Pennsylvania · 1893
- Evans's EstateSuperior Court of Pennsylvania · 1915
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