Shirley v. Bennett
New York Supreme Court
This action was brought to recover pay for work and labor performed by the plaintiff for Christian Bennett (the defendant’s testator), commencing in April, 1852, and continuing until the last of June, 1861, a period of nine years and about two months. The cause was tried at the Cortland County Circuit in January, 1870, before Justice Balcom and a jury. The evidence established that the testator was a farmer in Onondaga county.
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This action was brought to recover pay for work and labor performed by the plaintiff for Christian Bennett (the defendant’s testator), commencing in April, 1852, and continuing until the last of June, 1861, a period of nine years and about two months. The cause was tried at the Cortland County Circuit in January, 1870, before Justice Balcom and a jury. The evidence established that the testator was a farmer in Onondaga county. The plaintiff did house-work, drove cows and milked them, fed calves and hogs and did chores. That the services were rendered and that they were valuable services, and…
1Opinion of the Court
. By the Court—Miller, P. J.
The law is well settled-, that a party cannot recover for services rendered where that party has lived with another as a member of his family, to be provided for, brought up and educated as such, and that relation continued during all the time that such services were rendered. This-decision was held in this case, when before, the Court of Appeals, and the judgment was reversed and a new-trial granted upon the ground that the judge upon the trial refused to give proper instructions to the jury in this particular. (See 38 How. Pr. Ry 406.) It appears from the report…
2Cases cited1 opinion
- Shute v. DorrNew York Supreme Court · 1830
3Cited by3 opinions
- Taylor v. WelshNew York Supreme Court · 1895
- Fogal v. PageNew York Supreme Court · 1891
- Lind v. SullestadtNew York Supreme Court · 1880