Mooney v. McMahon

The opinion of the court was delivered by

Bergen, J.

This is a suit by a daughter against the estate of her stepmother for personal services. The plaintiff recovered a judgment, and defendant brings error.

*121The only error assigned is refusal to nonsuit upon the ground that the services were chargeable to the husband, and not to the wife. The claim of the plaintiff is an engagement and promise to pay by the wife. The husband, wife and a son lived together in a house owned by the husband, and the wages of both were given to the wife, who put it in the bank in her own name and used it for the…