Fort v. Gooding
New York Supreme Court
This was an action brought by the plaintiffs to recover for services performed for the testator of the defendants by the plaintiff’s wife, before coverture.
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This was an action brought by the plaintiffs to recover for services performed for the testator of the defendants by the plaintiff’s wife, before coverture. The plaintiff’s account, duly verified, was presented to the defendants on the 14th of November, 1848, and was by them rejected as “ unjust and not due.*’ The suit was commenced on the 13th of December, 1848. The defendants did not advertise for the creditors of the testator to exhibit their claims, as they might have done, under the statute. (2 It. iS. 88, § 34.) The plaintiff’s Avife was a daughter of the testator, and her claim, as set…
1Opinion of the Court
By the Court, Cady, J.
The plaintiffs in this action seek to recover from the defendants as executors and executrix of David Gooding deceased, a compensation for the services of the plaintiff Caroline, rendered by her when sole, for her father the testator, and at his request, commencing in the year 1832 and continued into the year 1840.
The defendants David C. Gooding and Peter W. Gooding put in a separate answer; the defendants Mathew Gooding and Cyrus Gooding also put in a separate answer ; and the defendant Mehetabel Gooding, the executrix, put in a separate answer.
Although the defendants…
2Cases cited3 opinions
- Shute v. DorrNew York Supreme Court · 1830
- Felton v. DickinsonMassachusetts Supreme Judicial Court · 1813
- Grangiac v. ArdenNew York Supreme Court · 1813
3Cited by21 opinions
- Boughton v. . FlintNew York Court of Appeals · 1878
- Stanley v. . National Union BankNew York Court of Appeals · 1889
- In re the Estate of HerbNew York Surrogate's Court · 1937
- Lisk v. ShermanNew York Supreme Court · 1857
- In re the Judicial Settlement of the Estate of DaileyNew York Surrogate's Court · 1904
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