Hinman v. Hapgood
Court for the Trial of Impeachments and Correction of Errors
Error to the Franklin common pleas. The.cause originated in a justice’s court, where Hinman as plaintiff recovered fifteen dollars and costs for five days services as an arbitrator against Hapgood, who was a party to the submission. The judgment was reversed in the common pleas upon certiorari prosecuted by Hapgood. The plaintiff brought error to this court.
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Error to the Franklin common pleas. The.cause originated in a justice’s court, where Hinman as plaintiff recovered fifteen dollars and costs for five days services as an arbitrator against Hapgood, who was a party to the submission. The judgment was reversed in the common pleas upon certiorari prosecuted by Hapgood. The plaintiff brought error to this court. On the trial before the justice, the plaintiff gave in evidence an agreement under seal executed by the widow of Jonathan Hapgood deceased and his children, of whom the defendant was one, by which they agreed to make a division among…
1Opinion of the Court
By the Court, Jewett, J.
■ The defendant relies upon the objection that' no express promise or request by the defendant to the plaintiff to render such services had been proved, and therefore his 'services must be deemed to have been rendered gratuitously. Virany, ex’r, v. Warne, (4 Esp. Rep. 47,) is cited as decisive of this point. In that-case the plaintiff’s counsel in stating the case to the jury, said that the action was brought to recover a sum of money due to the testator for acting as an arbitrator on the part of the defendant in a certain dispute with another. Lord Kenyon decided that…
2Cited by10 opinions
- Alexander v. CollinsIndiana Court of Appeals · 1891
- Russell v. LythAppellate Division of the Supreme Court of the State of New York · 1901
- Ott v. SchroeppelNew York Supreme Court · 1848
- Nealis v. MeyerAppellate Terms of the Supreme Court of New York · 1897
- Keeler v. BellNew York Supreme Court · 1905
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