Legal Opinion

Savage v. Minnesota Loan & Trust Co.

Supreme Court of Minnesota

Decided April 11, 1919No. 21,077PublishedCited by 3 opinions

Kate E. Savage filed a claim against the estate of Mary J. Davis, deceased, for services performed between April 23, 1903, and January 20, 1913, amounting to $9,150. The Minnesota Loan & Trust Company, as executor of the will of decedent, filed objections to the allowance of the claim.

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Kate E. Savage filed a claim against the estate of Mary J. Davis, deceased, for services performed between April 23, 1903, and January 20, 1913, amounting to $9,150. The Minnesota Loan & Trust Company, as executor of the will of decedent, filed objections to the allowance of the claim. The matter was heard in the probate court for Hen-nepin county before Dahl, J., who allowed the claim in the sum of $3,000. From the order of the probate court both parties appealed to the district court for that county where the appeals were heard before Hale, J., and a jury which returned a verdict for…

1Opinion of the Court

QüINN, J.

By this action the respondent, Kate E. Savage, seeks to enforce a claim against the estate of Mary Jennie Davis, deceased, for services rendered to her during her lifetime. The defense relied upon is that the services were rendered without any promise or agreement, express or implied, on the part of the deceased, to pay for the same; that the amount claimed is far in excess of the value of the services rendered, and that the statute of limitations had run. Kespondent presented her claim to the probate court for $9,150. It was allowed to the extent of $3,000. Both parties appealed to…

2Cases cited2 opinions

  1. In re Hess' EstateSupreme Court of Minnesota · 1894
  2. Stuart v. StuartSupreme Court of Minnesota · 1897

3Cited by3 opinions

  1. Colby v. StreetSupreme Court of Minnesota · 1920
  2. State Ex Rel. Paramount Publix Corp. v. District CourtMontana Supreme Court · 1931
  3. Smale v. United StatesCourt of Appeals for the Seventh Circuit · 1924

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