Fitch v. Peckham
Supreme Court of Vermont
Appeal from the probate court. The plaintiff declared in indebitatus assumpsit for work and labor; plea, the general issue.
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Appeal from the probate court. The plaintiff declared in indebitatus assumpsit for work and labor; plea, the general issue. On trial the plaintiff gave evidence tending to prove that, on the death of her husband in 1823, she came to reside with the testator, who was her father, and continued to reside with him from that time until his death in 1840, assisting him in the management of his domestic concerns, and attending upon and nursing him after he had become aged and infirm; and that such services could not have been obtained from a stranger without an expense of $1,50 or $2,00 per week.…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
It is apparent that the important question in this case is, whether the relation of debtor and creditor existed between the plaintiff and the testator. From the situation of the parties, — the plaintiff returning with her children to the house of her father, and living with him until the time of his death, — it was incumbent on' her to show that she performed the services which were the foundation of her claim, expecting at the time to be paid therefor, and that the testator so understood it, or that he had sufficient reason to believe…
2Cited by16 opinions
- Hall v. FinchWisconsin Supreme Court · 1871
- Andrus v. FosterSupreme Court of Vermont · 1845
- Guenther v. Birkicht's AdministratorSupreme Court of Missouri · 1856
- Drown's Guardian v. Chesley's EstateSupreme Court of Vermont · 1917
- Lunay v. VantyneSupreme Court of Vermont · 1868
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