Legal Opinion

Schoch's Administrator v. Garrett

Supreme Court of Pennsylvania

Decided October 9, 1871PublishedCited by 3 opinions

Error to the Court of Common Pleas of Lebanon county: No. 5, to May Term 1871. This was an action of assumpsit brought March 27th 1869, by Frederick Garrett against John Schoch, administrator, &c., of Peter Shoch, deceased, for services rendered by the wife of the plaintiff to the decedent in his lifetime.

Read the full summary

Error to the Court of Common Pleas of Lebanon county: No. 5, to May Term 1871. This was an action of assumpsit brought March 27th 1869, by Frederick Garrett against John Schoch, administrator, &c., of Peter Shoch, deceased, for services rendered by the wife of the plaintiff to the decedent in his lifetime. The plaintiff was the husband of a daughter of the decedent; the wife of the decedent died in April 1855; and, about that time the plaintiff and his family, at the request of the decedent, as was alleged, moved into his house. The wife attended to the decedent and nursed him from that time…

1Opinion of the Court

The opinion of the court was delivered, October 9th 1871, by

Williams, J.

The plaintiff’s wife was the daughter of Peter Schoch, deceased, and this action was brought against the administrator of his estate to recover for the wife’s services in nursing and taking care of her father in his sickness, and keeping house for him from the spring of 1855 until his death in April 1866.

The jury have found that there was an express contract between the parties for the payment of the services rendered by the wife, and that it was entire. If, then, the case was submitted to the jury with proper…

2Cited by3 opinions

  1. Brown v. McCurdySupreme Court of Pennsylvania · 1923
  2. Johnston v. McCain, Pennsylvania Court of Common Pleas, Armstrong County1891
  3. Patterson's EstatePennsylvania Orphans' Court, Philadelphia County · 1936

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API