Davis v. . Gorton
New York Court of Appeals
Appeal from the Supreme Court. The plaintiff commenced this action on the 27th January, 1853, to recover for work and labor, performed by himself and his wife, in the management of the farm, business and affairs of James Moore (of whose estate the defendant was administrator), and averred such services to be reasonably worth the sum of $1715. The defendant pleaded the statute of limitations. The action was referred.
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Appeal from the Supreme Court. The plaintiff commenced this action on the 27th January, 1853, to recover for work and labor, performed by himself and his wife, in the management of the farm, business and affairs of James Moore (of whose estate the defendant was administrator), and averred such services to be reasonably worth the sum of $1715. The defendant pleaded the statute of limitations. The action was referred. On the trial, it was proved that the plaintiff married Emily, the daughter of Moore, the intestate, in 1834; at the request of her father, Emily and her husband, the plaintiff,…
1Opinion of the CourtJohnson, J.
The recovery has been had, in this case, upon the ground of work, labor and services, performed at the request of the intestate, whom the defendant represents, by the plaintiff and by his wife. The referees have found that no time was fixed for the termination of the employment nor for the payment therefor, and that the services in question were rendered under a general employment and retainer, and that they were continued without interruption from their commencement to their termination, a period of over thirteen years. Under these circumstances, the question is presented, whether the…
2Cited by25 opinions
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- Hay v. PetersonWyoming Supreme Court · 1896
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