Cooper v. Cooper
Massachusetts Supreme Judicial Court
Contract against the administrators of the estate of James W. Cooper, to recover for services rendered by the plaintiff as housekeeper to the intestate. At the trial in the Superior Court, before Bacon, J., it appeared in evidence that in January, 1869, the intestate and the plaintiff went through with a form of marriage, and subsequently lived together as husband and wife.
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Contract against the administrators of the estate of James W. Cooper, to recover for services rendered by the plaintiff as housekeeper to the intestate. At the trial in the Superior Court, before Bacon, J., it appeared in evidence that in January, 1869, the intestate and the plaintiff went through with a form of marriage, and subsequently lived together as husband and wife. She believed herself to be his lawful wife, until the death of the intestate, in July, 1885, when she learned for the first time that he had a lawful wife living, from whom he had been separated for many years, and from…
1Opinion of the CourtW. Allen, J.
The plaintiff and James W. Cooper intermarried in the year 1869, and lived together as husband and wife until his death, in 1885. After his death the plaintiff *372learned that a former wife, from whom he had not been divorced, was living, and brought this action of contract against his administrator to recover for work and labor performed by her as housekeeper while living with the intestate. The court correctly ruled that when the parties lived together as husband and wife there could be no implied promise by the husband to pay for such work. The legal relations of the parties did not forbid an…
2Cases cited6 opinions
- Blossom v. . BarrettNew York Court of Appeals · 1868
- Higgins v. BreenSupreme Court of Missouri · 1845
- Earle v. CoburnMassachusetts Supreme Judicial Court · 1881
- Milford v. CommonwealthMassachusetts Supreme Judicial Court · 1887
- Robbins v. PotterMassachusetts Supreme Judicial Court · 1868
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3Cited by49 opinions
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- Emmerson v. BotkinSupreme Court of Oklahoma · 1910
- Lazzarevich v. LazzarevichCalifornia Court of Appeal · 1948
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