Marion v. Farnan
New York Supreme Court
Appeal from circuit court, Monroe county. Action by Julia Marion against Charles Farnan, as executor, for services rendered to defendant’s testatrix in her lifetime. From a judgment entered on a nonsuit, plaintiff appeals.
1Opinion of the CourtHaight, J.
This action was brought to recover pay for serv-
ices rendered, etc., to the defendant’s testatrix in her lifetime. The defense was that the services were rendered by the plaintiff for her mother, as a member of her family. Ordinarily, where one person renders services to another at his request, the law will imply a promise to pay therefor what the same is fairly and reasonably worth; but between persons living together as members of the same family, bearing towards each other a family relation, no promise to pay will be implied, and no action will lie, unless the services were rendered at the…
2Cases cited3 opinions
- Reynolds v. . RobinsonNew York Court of Appeals · 1876
- Robinson v. . RaynorNew York Court of Appeals · 1863
- Wilsey v. FranklinNew York Supreme Court · 1890
3Cited by6 opinions
- Cole v. FitzgeraldMissouri Court of Appeals · 1908
- In re the Judicial Settlement of the Estate of DaileyNew York Surrogate's Court · 1904
- Page v. PageSupreme Court of New Hampshire · 1905
- In re the Judicial Settlement of the Estate of MilliganAppellate Division of the Supreme Court of the State of New York · 1906
- In re the Judicial Settlement of the Accounts of DusenberryNew York Surrogate's Court · 1894
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