Robinson v. Cushman
New York Supreme Court
Motion by defendant to set aside the report of a sole referee. The action was assumpsit for the work, labor and services of the plaintiff in the family of the intestate during his life time. The plaintiff was the sister of Jones the intestate, and in June, 1829, she was a widow, with one daughter aged two or three years, and resided at Petersburg in Virginia. Her husband had been dead about six months. She "had one hundred dollars in money, and no other estate.
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Motion by defendant to set aside the report of a sole referee. The action was assumpsit for the work, labor and services of the plaintiff in the family of the intestate during his life time. The plaintiff was the sister of Jones the intestate, and in June, 1829, she was a widow, with one daughter aged two or three years, and resided at Petersburg in Virginia. Her husband had been dead about six months. She "had one hundred dollars in money, and no other estate. Jones resided and was in business in. the city of New-York: he invited the plaintiff to come and make his house her home. The…
1Opinion of the Court
By the Court, Bronson, Ch. J.
Jones, the intestate, invited his widowed and almost destitute sister to come and make his house her home. The plaintiff accepted the invitation and remained with her brother nearly fourteen years. During all that time the brother provided in a suitable manner for his sister and her daughter; and the sister made such returns as were in her power, by rendering herself useful in the family. Neither at the commencement nor in the progress of these mutual acts of kindness, did either party think of such a thing as a contract of hiring; or that any legal obligation…
2Cited by25 opinions
- Williams v. . HutchinsonNew York Court of Appeals · 1850
- Price v. . BrownNew York Court of Appeals · 1885
- Brenner v. LesherSupreme Court of Pennsylvania · 1938
- Williams v. HutchinsonNew York Supreme Court · 1849
- Guenther v. Birkicht's AdministratorSupreme Court of Missouri · 1856
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