In re Schmidt's Estate
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Outa-gamie county: JohN G-oodlaNd, Circuit Judge. This was a claim filed in the county court of Outagamie-county by Joseph Moder, against the estate of said deceased, for a note against him for $100 and interest thereon; for $125 for services rendered, at the request of the deceased, in. attending to bis affairs for sis years immediately prior to his death; and for $400 for board, care, and nursing furnished him and at his…
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Appeal from a judgment of the circuit court for Outa-gamie county: JohN G-oodlaNd, Circuit Judge. This was a claim filed in the county court of Outagamie-county by Joseph Moder, against the estate of said deceased, for a note against him for $100 and interest thereon; for $125 for services rendered, at the request of the deceased, in. attending to bis affairs for sis years immediately prior to his death; and for $400 for board, care, and nursing furnished him and at his request, during the same period. Objections were made to the claim, but the court allowed it at $515.94, and an appeal was…
1Opinion of the CourtPiNNEV, J.
The claimant was clearly entitled to judgment for the principal and interest of the note he held against the deceased, amounting to $127.96. There was no express contract for compensation for the board and lodging and services included in the claim under consideration, and the only question is whether the facts and circumstances are such that any promise to compensate the claimant therefor nan be implied. The charges were not made until after the death of the testator, and the claim was evidently preferred because the claimant was disappointed and vexed at what he regarded as an unfair and…
2Cases cited5 opinions
- Ellis v. CaryWisconsin Supreme Court · 1889
- Hall v. FinchWisconsin Supreme Court · 1871
- Wells v. PerkinsWisconsin Supreme Court · 1877
- Mountain v. FisherWisconsin Supreme Court · 1867
- Kaye v. CrawfordWisconsin Supreme Court · 1867
3Cited by16 opinions
- In Matter of Estate of SteffesWisconsin Supreme Court · 1980
- Estate of Goltz v. MillerWisconsin Supreme Court · 1931
- Williams v. WilliamsWisconsin Supreme Court · 1902
- Johnson v. KistlerSupreme Court of Minnesota · 1923
- Ibach v. HoffmanOregon Supreme Court · 1948
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