Legal Opinion · Dissent

Cannon v. Sares

Appellate Division of the Supreme Court of the State of New York

Decided April 5, 1917Published

Appeal by the plaintiff, Catherine M. Cannon, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 5th day of October, 1916, upon a dismissal of the complaint by direction of the court at the close of plaintiff’s case.

1Dissent

Clarke, P. J. (dissenting):

I dissent. It appears that the decedent lived from before 1908, down until her death on June 20, 1915, continuously in boarding houses kept by the plaintiff’s sister under an agreement that the decedent should pay fifty dollars per week for her rooms and hoard including the serving of her meals in her room, and that the decedent paid plaintiff’s sister for her hoard according to and under that agreement during all the time the decedent hoarded with her. The plaintiff lived with her sister, the keeper of a boarding house, and worked for her. Beginning in December,…

2Cases cited2 opinions

  1. Kearney v. . McKeonNew York Court of Appeals · 1881
  2. Dueser v. MeyerAppellate Division of the Supreme Court of the State of New York · 1908

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