Legal Opinion

De Witt v. De Witt

New York Supreme Court

Decided October 15, 1887Published

Appeal from a judgment entered upon the report of a referee, and from an order confirming such report, and an order granting, costs to the plaintiff.

1Opinion of the Court

Daniels, J.:

The report was made and the judgment has been entered upon a claim presented by tbe plaintiff to tbe defendant for tbe sum of $1,130, and referred under tbe statute. It was for nursing and earing for tbe testatrix in tbe years 1881 and 1885. No agreement was at any time made'between her and tbe plaintiff, for the payment of any fixed sum, which tbe latter should receive for these services. But tbe evidence tended to show that it was agreed that she should be reasonably paid, and upon tbe bearing before tbe referee evidence was given on tbe part of tbe plaintiff to prove tbe value…

2Cases cited2 opinions

  1. Smith v. . VelieNew York Court of Appeals · 1875
  2. Holmes v. RankinNew York Supreme Court · 1854

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