Updike v. Broeck
Supreme Court of New Jersey
In assumpsit. Error to the Circuit Court of Somerset. The action was brought by the plaintiff below against the executors of the estate of his father, to recover compensation for work and labor performed for his father, upon a contract made after he became of age. A verdict was rendered for the plaintiff. On the trial, various exceptions were taken by the defendants to the ruling of the court, and were afterwards brought before this court by writ of error.
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In assumpsit. Error to the Circuit Court of Somerset. The action was brought by the plaintiff below against the executors of the estate of his father, to recover compensation for work and labor performed for his father, upon a contract made after he became of age. A verdict was rendered for the plaintiff. On the trial, various exceptions were taken by the defendants to the ruling of the court, and were afterwards brought before this court by writ of error. The case was heard before Justices Haines, Elmer and Bedle.
1Opinion of the Court
The opinion of the court was delivered by
Bedle, J.
The first question to be considered is, whether the suit was brought within the time required by law. The executors, on the first day of June, 1858, obtained an order from the Orphans Court for the creditors to bring in their claims within nine months. The plaintiff’s claim was'presented within the time, but the executors, on the second day of April, A. D. 1859, gave him a notice in writing, under the second section of the “ act for the relief of legatees and next of kin in the recovery of legacies and distributive shares,” approved February…
2Cases cited9 opinions
- Bird v. CaritatNew York Supreme Court · 1807
- Patterson v. PattersonNew York Supreme Court · 1816
- Lowry v. LawrenceNew York Supreme Court · 1803
- Cheetham v. LewisNew York Supreme Court · 1808
- Bronson v. EarlNew York Supreme Court · 1819
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3Cited by3 opinions
- Robinson v. Waterman S. S. Co.District Court, D. New Jersey · 1947
- Sullivan v. MargettsNew Jersey Superior Court Appellate Division · 1950
- Marranca v. HarboNew Jersey Superior Court Appellate Division · 1962