Lane v. Calby
Appellate Division of the Supreme Court of the State of New York
Appeal from Trial Term, Ulster County. Action by Harriett Lane against John Calby, administrator with the will annexed of William Crawford, deceased. From a judgment on a verdict for plaintiff, and from an order denying a motion for a new trial, defendant appeals. Reversed.
1Opinion of the CourtHoughton, J.
The action is to recover the value of board and care furnished to and performed for the defendant’s testator during several years prior to his death.
The plaintiff and her husband lived in the house of the testator, and there was proof that he had declared he intended to devise the house to the plaintiff in payment for her services and kindness to him. Against the defendant’s objection, the value of the house and lot was proved to be $1,000. In response to a request of the plaintiff’s attorney, the court charged the jury that, if they believed the deceased had made such a promise, they might…
2Cases cited4 opinions
- Robinson v. . RaynorNew York Court of Appeals · 1863
- Collier v. . RutledgeNew York Court of Appeals · 1892
- Ritchie v. BennettAppellate Division of the Supreme Court of the State of New York · 1898
- Ritchie v. BennettAppellate Division of the Supreme Court of the State of New York · 1898