Legal Opinion

Conger v. Van Aernum

New York Supreme Court

Decided May 2, 1865PublishedCited by 3 opinions

APPEAL from a judgment entered upon the report and decision of a referee. The action was to recover a compensation for work, labor and services.

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APPEAL from a judgment entered upon the report and decision of a referee. The action was to recover a compensation for work, labor and services. The plaintiff, in March, 1851, commenced working for the defendant, on his farm, under an agreement for eight months, at $13 a month, the defendant to board the plaintiff At the expiration of the eight months, the plaintiff continued work until March, 1852, for his board ; when a further agreement was made for the next eight months, at $12 a month and hoard. The plaintiff continued to labor for the defendant, and was boarded, until about March 1,…

1Opinion of the Court

By the Court,

Marvin, J.

Upon the argument the defendant’s counsel made two points : 1. That the relation which the plaintiff maintained, previous to his marriage with the defendant’s daughter, as the hired servant of the defendant, was merged in the other relation of son-in-law; and that the defendant had a right to presume that the plaintiff remained with him as a son, instead of a hired servant. 2. If the plaintiff is entitled to receive compensation for his services, then he is bound to pay the defendant a reasonable compen*605sation for the board and clothing ofdiis children. There was…

2Cases cited4 opinions

  1. Williams v. . HutchinsonNew York Court of Appeals · 1850
  2. Robinson v. CushmanNew York Supreme Court · 1846
  3. Williams v. HutchinsonNew York Supreme Court · 1849
  4. Dye v. KerrNew York Supreme Court · 1851

3Cited by3 opinions

  1. Davis v. GallagherNew York Supreme Court · 1890
  2. More v. ShepardAppellate Division of the Supreme Court of the State of New York · 1909
  3. Hallock v. TellerNew York Surrogate's Court · 1882

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