Winkler v. Killian.
Supreme Court of North Carolina
ActioN by Pint Winkler against S. E. Killian, Administrator of Susan Winkler, beard by Judge M. Ii. Justice and a'jury, at the March Term, 1905, of the Superior Court of Bubxe.
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ActioN by Pint Winkler against S. E. Killian, Administrator of Susan Winkler, beard by Judge M. Ii. Justice and a'jury, at the March Term, 1905, of the Superior Court of Bubxe. There was allegation and also evidence on the part of plaintiff tending to show that Susan Winkler, late a resident of the County of Burke, died intestate in said county about the 26th day of March, 1903, and that on the 6th day of August, 1903, defendant was duly qualified as her administrator. 2. That the defendant’s intestate was the widow of Abram Winkler, who died-in the County pf Burke about twelve or thirteen…
1Opinion of the Court
Hoke, J.,
after stating tbe case: It is ordinarily true that where services are rendered by one person for another, which are knowingly and voluntarily accepted, without more, tbe law presumes that such services are given and received in expectation of being paid for, and will imply a promise to pay what they are reasonably worth. This is a rebuttable presumption, for there is no reason why a man cannot give another a day’s work as well as any other gift, if the work is done and accepted without expectation of pay. It is equally well established that when a child resides with a parent as a…
2Cases cited10 opinions
- Dodson v. . McAdamsSupreme Court of North Carolina · 1887
- Young v. . HermanSupreme Court of North Carolina · 1887
- Callahan v. . WoodSupreme Court of North Carolina · 1896
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- Bell v. MoonSupreme Court of Virginia · 1885
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3Cited by33 opinions
- Eggleston v. . EgglestonSupreme Court of North Carolina · 1948
- Shore v. . HoltSupreme Court of North Carolina · 1923
- Coley v. . DalrympleSupreme Court of North Carolina · 1945
- Johnson v. SandersSupreme Court of North Carolina · 1963
- Francis v. . FrancisSupreme Court of North Carolina · 1943
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