Ulrich v. Ulrich
The Superior Court of the City of New York and Buffalo
Appeal from jury term. Action by Charles Ulrich against Edward Ulrich, as executor of Barbara Ulrich, deceased. Verdict and judgment for defendant. Plaintiff appeals from the judgment and order denying a motion for a new trial.
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Appeal from jury term. Action by Charles Ulrich against Edward Ulrich, as executor of Barbara Ulrich, deceased. Verdict and judgment for defendant. Plaintiff appeals from the judgment and order denying a motion for a new trial. The action was ágainst the defendant, as the executor of Barbara Ulrich, to recover for the work, labor, and services of the plaintiff and his wife in taking care of and nursing his mother, Barbara Ulrich, in her old age, from March, 1885, down to the time of her death, which occurred October 1,1889. The answer denied the employment or the rendition of services. The…
1Opinion of the CourtMcAdam, J.
The plaintiff lived with and and was supported by his mother during the time for which compensation is claimed, and the rule is settled that, where it is sought to establish the relation of master and servant between relatives living together, it must be proved that the parties understood the latter relation to exist, and acted with reference to it; and the mere fact that the services rendered were meritorious and long continued does not of itself tend to establish the relation. In order to create the relation of master and servant in such a case there must be unequivocal acts proving an…
2Cases cited9 opinions
- Kavanagh v. . WilsonNew York Court of Appeals · 1877
- Shakespeare v. . MarkhamNew York Court of Appeals · 1878
- Hall v. FinchWisconsin Supreme Court · 1871
- Collyer v. . CollyerNew York Court of Appeals · 1889
- Fitch v. PeckhamSupreme Court of Vermont · 1844
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Rowland v. HowardNew York Supreme Court · 1894
- Winne v. HillsNew York Supreme Court · 1895
- In re PerryNew York Surrogate's Court · 1893
- Ellis v. FilonNew York Supreme Court · 1895