Legal Opinion

Ulrich v. . Ulrich

New York Court of Appeals

Decided November 29, 1892PublishedCited by 23 opinions

Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made January 11, 1892, which affirmed a judgment in favor of defendant entered upon a verdict, and affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.

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Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made January 11, 1892, which affirmed a judgment in favor of defendant entered upon a verdict, and affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in charging the jury that the presumption of law was against such a clama as advanced in this action, and the exception thereto was well taken. (McQueen v. Babcock, 3 Abb. Ct. App. Dec. 132; Barrett v. Meyer, 10 Hun, 109, 110; Bank v.…

1Opinion of the CourtGray, J.

The plaintiff brought this action against the executor of his mother’s will to recover from her estate the value of services, which he alleged had been rendered by himself and his wife to his mother at her request. A jury rendered a verdict for the defendant, and the only question which demands our consideration, upon the plaintiff’s appeal from a judgment affirming the defendant’s recovery, arises upon the exception of the plaintiff to a part of the trial judge’s charge. After stating what the action was for, the trial judge said: “As a general rule children are bound to care for their…

2Cases cited2 opinions

  1. Edwards v. DavisNew York Supreme Court · 1819
  2. Justice v. . LangNew York Court of Appeals · 1873

3Cited by23 opinions

  1. In re the General Guardianship of the Property & Estate of SalmNew York Supreme Court · 1939
  2. "Castellani" v. "Castellani"New York Family Court · 1941
  3. Anonymous v. AnonymousNew York Family Court · 1941
  4. "Vincenza" v. "Vincenza"New York Family Court · 1950
  5. In re Everts' EstateNew York Supreme Court · 1895

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