Dampier v. St. Paul Trust Co.
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Ramsey county, Kerr, J., presiding, overruling a demurrer to the complaint, which stated a case in substance as follows: One Blood having died, in June, 1888, the plaintiff, an undertaker, at the request of a brother and of a friend of the deceased, took charge of the burial and furnished what was required therefor, the services rendered and goods furnished being suitable to the station in life of the deceased and…
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Appeal by defendant from an order of the district court for Ramsey county, Kerr, J., presiding, overruling a demurrer to the complaint, which stated a case in substance as follows: One Blood having died, in June, 1888, the plaintiff, an undertaker, at the request of a brother and of a friend of the deceased, took charge of the burial and furnished what was required therefor, the services rendered and goods furnished being suitable to the station in life of the deceased and the circumstances of his estate, and being necessary and reasonable, and being worth $101.50. The deceased died…
1Opinion of the CourtCollins, J.
It appears to have been settled beyond dispute in this country, as well as in England, that an executor or an administrator, having sufficient assets in his hands, is liable upon an implied promise to a third person who, as an act of duty or of necessity, has provided for the interment of a deceased person, if the funeral was conducted in a manner suitable to his station in life, with proper reference to the means of the estate, and the charges are fair and reasonable. Patterson v. Patterson, 59 N. Y. 574; Rappelyea v. Russell, 1 Daly, 214; Hapgood v. Houghton, 10 Pick. 154; Fitzhugh v.…
2Cases cited3 opinions
- Patterson v. . PattersonNew York Court of Appeals · 1875
- McNally v. WeldSupreme Court of Minnesota · 1883
- Rappelyea v. RussellNew York Court of Common Pleas · 1862
3Cited by14 opinions
- Knutsen v. KrookSupreme Court of Minnesota · 1910
- In Re Wagner's EstateSupreme Court of Oklahoma · 1936
- Simons & Son v. ZimmerWisconsin Supreme Court · 1924
- Barrett v. HeimSupreme Court of Minnesota · 1922
- Butterworth v. BredemeyerWashington Supreme Court · 1916
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