Ellis v. Cary
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. The plaintiff presented a claim in the Milwaukee county court against the estate of John Gorman, the defendant’s intestate, for services rendered by her as his housekeeper from January 1, 1879, to the time of his death, which occurred March 26, 1887. The county court disallowed the claim.
Read the full summary
APPEAL from the Circuit Court for Milwaukee County. The plaintiff presented a claim in the Milwaukee county court against the estate of John Gorman, the defendant’s intestate, for services rendered by her as his housekeeper from January 1, 1879, to the time of his death, which occurred March 26, 1887. The county court disallowed the claim. On appeal the circuit court reversed the judgment of the county court, and directed the latter court to allow the claim at $1,700, that being the amount stipulated to be due her in case her claim should be allowed. The case is fully stated in the findings…
1Opinion of the CourtLyon, J.
Undoubtedly the claimant, Mrs. Ellis, being the step-daughter of the deceased, John Gorman, and a member of his family, cannot recover against his estate for her services without proving an express promise or agreement on his part to pay her therefor. And such promise or agreement must be established by direct and positive evidence, or by circumstantial evidence equivalent thereto. It has been so held in many cases in this court cited in the briefs of the respective counsel.
The agreement alleged in the complaint or claim of Mrs. Ellis, and found by the court to have been made, is, in…
2Cases cited9 opinions
- Wallace v. LongIndiana Supreme Court · 1886
- Reynolds v. . RobinsonNew York Court of Appeals · 1876
- Robinson v. . RaynorNew York Court of Appeals · 1863
- Brandeis v. NeustadtlWisconsin Supreme Court · 1860
- Blanchard v. McDougalWisconsin Supreme Court · 1858
4 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Burns v. . McCormickNew York Court of Appeals · 1922
- Grant v. GrantSupreme Court of Connecticut · 1893
- Mayborne v. Citizens Trust & Savings BankCalifornia Court of Appeal · 1920
- Daily ex rel. Daily v. MinnickSupreme Court of Iowa · 1902
- Edwall v. JessephWashington Supreme Court · 1913
43 more not listed; retrieve them via the Exa API.