Daubney v. Hughes
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon a verdict. (Reported below, 3 N. Y. S. C. [T. & C.], 350.) This action was brought to recover for the board of defendant’s wife, who was plaintiff’s daughter, and for necessaries furnished to her.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon a verdict. (Reported below, 3 N. Y. S. C. [T. & C.], 350.) This action was brought to recover for the board of defendant’s wife, who was plaintiff’s daughter, and for necessaries furnished to her. Plaintiff’s evidence tended to show that in January, 1870, defendant’s wife having become an invalid and partially insane, it was agreed that she should return to her father’s house, defendant agreeing to pay a reasonable compensation for her…
1Opinion of the Court
Church, Ch. J.
The action was brought upon a contract or promise to pay for the board of the defendant’s wife, and the evidence tended to establish that when the wife was taken home, in 1870, it was with defendant’s consent and promise to pay for her support. On the 16th of March, 1871, the defendant published a notice forbidding all persons from harboring or trusting his wife on his account, “ as I shall pay no debts of her contracting after this date,” and it was claimed on the trial that this notice operated as a revocation of the contract. The motion for a nonsuit upon this ground was…
2Cases cited1 opinion
- Cromwell v. BenjaminNew York Supreme Court · 1863