Ashley v. Hendee
Supreme Court of Vermont
Assumpsit. Plea, the general issue, with notice of payment, accord, and satisfaction. Trial by jury, September Term, 1882, Rutland County, Veazey, J., presiding. Verdict for the plaintiff.
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Assumpsit. Plea, the general issue, with notice of payment, accord, and satisfaction. Trial by jury, September Term, 1882, Rutland County, Veazey, J., presiding. Verdict for the plaintiff. The plaintiffs claimed to recover for the services of Mrs. Ashley (formerly Ellen F. Westcott), alleged to have been performed in the defendant’s family, as his housekeeper from the death of his mother, December 12th, 1874, to the plaintiffs’ marriage, April 7th, 1880. The testimony on the part of the plaintiffs tended to prove that said Ellen when eight years old was taken to be kept until she was…
1Opinion of the Court
The opinion of the court was- delivered by
Taft, J.
I. The defendant moved that a verdict be directed in his favor. To entitle the plaintiffs to recover it was incumbent upon them to show that Mrs. Ashley was at work for the defendant under an express agreement for pay, or, such a state of facts and circumstances as satisfactorily and fairly showed that both parties at the time expected and understood that her services were to be paid for. The plaintiff, Ellen, testified that the defendant told her to stay there and he would do well by her, that he wanted her to work for him, that he was going…
2Cases cited1 opinion
- Thornton's Executors v. Thornton's HeirsSupreme Court of Vermont · 1866
3Cited by8 opinions
- Gholson v. SavinOhio Supreme Court · 1941
- Dreyfus v. RobertsSupreme Court of Arkansas · 1905
- Peters v. Estate of PoroSupreme Court of Vermont · 1922
- Drown's Guardian v. Chesley's EstateSupreme Court of Vermont · 1917
- Douglass & Varnum v. Village of MorrisvilleSupreme Court of Vermont · 1915
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