Newton's v. Field
Court of Appeals of Kentucky
Case 34 — PETITION ORDINARY — APPEAL EBOM DAVEISS CIRCUIT COURT. I. The plaintiff having staked her ease on the special agreement which defeated the plea of limitation, she could not recover except on proof of the agreement alleged. (Note to sec. 90 Bullitt’s Code; Litt., Sel.
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Case 34 — PETITION ORDINARY — APPEAL EBOM DAVEISS CIRCUIT COURT. I. The plaintiff having staked her ease on the special agreement which defeated the plea of limitation, she could not recover except on proof of the agreement alleged. (Note to sec. 90 Bullitt’s Code; Litt., Sel. Cases, 201; 8 B. Mon., 8 B. Mon., 424; Prank-fort Bridge Co. v. City of Frankfort, 18 B. Mon., 41.) 2. The receipt of October 31, 1888, is specifically in full, and by construction of law, nothing else appearing, is conclusive evidence that at its date plaintiff can not have had a demand against the testatrix for…
1Opinion of the CourtChief Justice Pryor
delivered the odixion oe the court.
The appellee instituted this action against the executor of Mollie Newton for services rendered the testatrix from December, 1879, to December 28, 1892, valued at $250 per an-num, and credited by $100, leaving an indebtedness on the part of the testatrix to her of $3,150, for which she obtained a judgment.
It is alleged in the petition that the services were rendered under a contract made with Mrs. Newton by which she agreed to pay the plaintiff, Field, a reasonable compensatioñ for her services by making provision for their payment in her last will and…
2Cases cited2 opinions
- Drake's Adm'r v. SemoninCourt of Appeals of Kentucky · 1884
- Bridges v. ReedCourt of Appeals of Kentucky · 1872
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- Bishop v. CommonwealthCourt of Appeals of Kentucky · 1901
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