Disbrow v. Durand
Supreme Court of New Jersey
On error to the Union County Circuit Court. The plaintiff below, who is also the plaintiff in error, sued the administrator of her deceased brother’s estate for the value of her services as that brother’s housekeeper for the six years which immediately preceded the brother’s death; that is, for the value of her services from January 1st, 1883, to January 1st, 1889. It was proved ou her behalf, at the trial in the Circuit Court, that the decedent resided upon and cultivated a…
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On error to the Union County Circuit Court. The plaintiff below, who is also the plaintiff in error, sued the administrator of her deceased brother’s estate for the value of her services as that brother’s housekeeper for the six years which immediately preceded the brother’s death; that is, for the value of her services from January 1st, 1883, to January 1st, 1889. It was proved ou her behalf, at the trial in the Circuit Court, that the decedent resided upon and cultivated a small farm near Rahway, in Union county; that prior to 1864 his mother lived with him, and that during his mother’s…
1Opinion of the Court
*345The opinion of the court was delivered by
The Chancellor.
Ordinarily, where services are rendered and voluntarily accepted, the law will imply a promise upon the part of the recipient to pay for them; but where the services are rendered by members of a family, .living as one household, to each other, there will be no such .implication from the mere rendition and acceptance of the services. In order to recover for the services, the plaintiff must .affirmatively show, either that an express contract for the remuneration existed, or that the circumstances under which the services were rendered…
2Cases cited2 opinions
- Scully v. Scully'sSupreme Court of Iowa · 1870
- Hall v. FinchWisconsin Supreme Court · 1871
3Cited by24 opinions
- Kirchgassner v. RodickMassachusetts Supreme Judicial Court · 1898
- Baird v. MooreNew Jersey Superior Court Appellate Division · 1958
- Howard v. RandolphSupreme Court of Georgia · 1910
- Wall v. WallCourt of Appeals of Georgia · 1914
- Cotter v. CotterSupreme Court of Connecticut · 1909
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