Snyder v. Snyder
New York Supreme Court
Appeal from a judgment in favor of the defendants, entered upon tlie trial of this action by a referee. The plaintiff is the wife of Philip Snyder, one of the defendants. She brings this action to recover for services rendered to "William Snyder, deceased, the testator and the father of Philip.
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Appeal from a judgment in favor of the defendants, entered upon tlie trial of this action by a referee. The plaintiff is the wife of Philip Snyder, one of the defendants. She brings this action to recover for services rendered to "William Snyder, deceased, the testator and the father of Philip. On the trial of the action the plaintiff called as a witness defendant Philip, and, under the objection of the defendant Sylvester, proved the care which his wife and daughter took of his father. He also testified, under cross-examination, that he took the care of his father nine-tenths of the time;…
1Opinion of the Court
Learned, P. J.:
We think that there is no sufficient evidence that there was any contract made with the plaintiff by William Snyder. The facts are against such a theory. In the first place, down to August 4, 1874, it is undisputed that the board, etc., were furnished by Philip and Philip was paid therefor. Next the written contract of January 17, 1874 is an agreement to pay Philip for the services of himself and family (which included the plaintiff) in taking care of William.
Again there is no reason for any change in this respect after August 4, 1874. William continued to live in Philip’s…
2Cases cited7 opinions
- Kearney v. . McKeonNew York Court of Appeals · 1881
- Fisher v. New-York Common PleasNew York Supreme Court · 1836
- Doupe v. . GeninNew York Court of Appeals · 1871
- McGregor v. . McGregorNew York Court of Appeals · 1866
- Wurts v. JenkinsNew York Supreme Court · 1851
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