Davis v. . Gallagher
New York Court of Appeals
Appeal from judgment of tlie General Term of the Supreme Court in the fourth judicial department, entered upon an order made February 11, 1890, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of tlie General Term of the Supreme Court in the fourth judicial department, entered upon an order made February 11, 1890, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. There is no evidence in this case showing an express contract on the part of Price to pay for Davis’ services, nor a request on the part of Price that Davis should render him any services, and no promise to pay can be implied. (Hartman’s Appeal, 3 Grant’s Cas. 421; Shakespeare v.…
1Opinion of the CourtHaight, J.
This action was brought to recover pay for services rendered by the plaintiff and his wife to the defendants’ intestate during his life-time, and also for hay, corn, beans pasture, cow, etc., had by such intestate.
It appears that the plaintiff was a step-son of the deceased, and had lived in his family from the time he was eight years of age; that a few days after letters of administration had been issued to the defendants the parties had a conversation in reference to the plaintiff’s claim and then arranged to call in two neighbors, Mr. Calkins and Mr. Niles, to see if they could arrange a…
2Cases cited3 opinions
- Elwood v. DeifendorfNew York Supreme Court · 1848
- Church v. . HowardNew York Court of Appeals · 1880
- Whiton v. . SnyderNew York Court of Appeals · 1882
3Cited by12 opinions
- Scully v. . McGrathNew York Court of Appeals · 1911
- Murray v. HurstCourt of Appeals of Maryland · 1932
- In Re Will of McKaySupreme Court of North Carolina · 1922
- Strang v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1933
- Breese v. GravesAppellate Division of the Supreme Court of the State of New York · 1901
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