Pollock v. Ray
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, of Washington county: Of October and November Term 1877, No. 18. Assumpsit by William Ray and Elizabeth, his wife, in right of the wife, against Sarah A. Pollock, executrix of James Pollock, deceased, to recover for services rendered the decedent in his lifetime by Mrs. Ray as a domestic servant and housekeeper.
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Error to the Court of Common Pleas, of Washington county: Of October and November Term 1877, No. 18. Assumpsit by William Ray and Elizabeth, his wife, in right of the wife, against Sarah A. Pollock, executrix of James Pollock, deceased, to recover for services rendered the decedent in his lifetime by Mrs. Ray as a domestic servant and housekeeper. The action was brought on the 26th of June 1873, and came on for trial in 1876. The narr. averred that on the--day of May 1858, James Pollock, the defendant’s testator, agreed with the said Elizabeth Ray, that in consideration of her services then…
1Opinion of the CourtJustice Sharswood
The main question in this cause is whether the plaintiff below *432gave sufficient evidence of a special contract by which payment for her services was postponed until the death of the decedent, James Pollock. The services for which she claimed to be paid were rendered to him before 1861, when she left his house. Of course, if there was no such special contract as alleged her demand was clearly barred by the Statute of Limitations.
Claims of this character against the estates of decedents, resting on mere oral testimony of declarations or admissions, are very dangerous, and ought certainly not to…
2Cited by16 opinions
- Kauss v. RohnerSupreme Court of Pennsylvania · 1896
- Fahringer v. Strine EstateSupreme Court of Pennsylvania · 1966
- Reynolds, Exrx. v. Williams, Exec.Supreme Court of Pennsylvania · 1924
- Ferguson v. Rafferty, Pennsylvania Court of Common Pleas, Clearfield County1889
- Estate of MillerPennsylvania Orphans' Court, Berks County · 1890
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