Legal Opinion

Larkins v. Maxon

New York Court of Appeals

Decided November 23, 1886Published

Reference, under the statute, of a disputed claim against an estate. Appeal from a judgment of the general term of the supreme court, modifying and' affirming, as modified, a judgment of the special term, entered upon the report of a referee.

1Per curiam

We do not think that the findings of the referee were inconsistent. A domestic may be treated, in many respects, like a daughter, without holding that relation to the employer. The facts were sufficient to establish at least an implied contract for compensation ; and, so far as there was an express one, it has not. been fulfilled by the device and legacy given by Mrs. Sprague. The destroyed *216will of Sprague and his wife bore somewhat on the actually existing relations between the parties, and formed incidents in the history of those relations. Since the referee found as a fact the existence of…

2Cases cited4 opinions

  1. Daggett v. MeadNew York Supreme Court · 1882
  2. Overheiser v. MorehouseNew York Supreme Court · 1885
  3. Sutton v. NewtonNew York Supreme Court · 1885
  4. Hall v. EdmundsNew York Supreme Court · 1884

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