Gall v. Gall
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Amelia Gall, as administratrix, etc., of Joseph Gall, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county ■ of New York on the 22d day of November, 1897, nuncfro tunc, as of the 16th day of October, 1897, upon the verdict of a jury, and also from an order bearing date the loth day of October, 1897, and entered in said clerk’s office denying the defendant’s motion for a new trial…
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Appeal by the defendant, Amelia Gall, as administratrix, etc., of Joseph Gall, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county ■ of New York on the 22d day of November, 1897, nuncfro tunc, as of the 16th day of October, 1897, upon the verdict of a jury, and also from an order bearing date the loth day of October, 1897, and entered in said clerk’s office denying the defendant’s motion for a new trial made upon the minutes. The action is upon' a quantum 'meruit for services rendered to Joseph Gall, the defendant’s…
1Opinion of the Court
Barrett, J.:
It is the settled rule in this State that where services "are rendered by one person to another, in pursuance of a mutual understanding *175between the parties that compensation for them shall be made by will, and the party receiving the services dies without making the expected compensation, the party rendering the services is entitled to compensation out of the estate of the deceased, as a creditor, for . the value of the services. (Robinson v. Raynor, 28 N. Y. 494.) The present case is clearly within this rule.
The. services here were not rendered by the plaintiff gratuitously nor…
2Cases cited8 opinions
- Robinson v. . RaynorNew York Court of Appeals · 1863
- Heffron v. BrownIllinois Supreme Court · 1895
- Storms v. LemonIndiana Court of Appeals · 1893
- McRae v. McRaeNew York Surrogate's Court · 1855
- Chamness v. ChamnessIndiana Supreme Court · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Mayborne v. Citizens Trust & Savings BankCalifornia Court of Appeal · 1920
- In re the Judicial Settlement of the Account of Proceedings of Mechanics & Farmers' Bank of AlbanyAppellate Division of the Supreme Court of the State of New York · 1930
- In Re Estate of TA StollOregon Supreme Court · 1950
- Hoagland v. CanfieldU.S. Circuit Court for the District of Southern New York · 1908
- Leahy v. CampbellAppellate Division of the Supreme Court of the State of New York · 1902
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