Ross v. . Hardin
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court, of the city of New York, affirming a judgment in favor of defendant, entered upon an order nonsuiting plaintiff on trial, and affirming an order denying a motion for a new trial. This action was brought to recover as upon a quantum :meruit, for services alleged to have been rendered by plaintiff, at the request of George Hardin, defendant’s intestate, in taking charge of and caring for his property.
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Appeal from judgment of the General Term of the Superior Court, of the city of New York, affirming a judgment in favor of defendant, entered upon an order nonsuiting plaintiff on trial, and affirming an order denying a motion for a new trial. This action was brought to recover as upon a quantum :meruit, for services alleged to have been rendered by plaintiff, at the request of George Hardin, defendant’s intestate, in taking charge of and caring for his property. The facts are sufficiently set forth in the opinion.
1Opinion of the Court
Church, Ch. J.
The plaintiff’s counsel made several requests to submit questions of fact to the jury, the refusal of Avhich is claimed to be error, and also the refusal to charge based upon the hypothetical finding of the jury.
1st. Whether the services claimed for were rendered by the plaintiff, under a promise expressed or implied by the intestote that he should be paid therefor, and if they should so find, the court was requested to charge that the 'plaintiff was entitled to recover what the services were reasonably worth.
2nd. Whether such services were rendered and performed, under a new…
2Cases cited3 opinions
- Williams v. . HutchinsonNew York Court of Appeals · 1850
- Huntingdon v. . ClaffinNew York Court of Appeals · 1868
- Toland v. StevensonIndiana Supreme Court · 1877
3Cited by21 opinions
- Huntsvile Belt Line & Monte Sano Railway Co. v. Corpening & Co.Supreme Court of Alabama · 1892
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. MarableIndiana Supreme Court · 1919
- In re the Judicial Settlement of the Account of HamiltonAppellate Division of the Supreme Court of the State of New York · 1902
- McGuire v. Interurban Railway Co.Supreme Court of Iowa · 1924
- Quirk v. SunderlinIdaho Supreme Court · 1913
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