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Sullivan v. Sullivan

13 N.Y. Sup. Ct. 658 Court N.Y. Gen. Term English

Judges Present — Mullin, P. J., Smith and Gilbert, JJ.

Delivered by Smith, J.

Contents

Majority

p. 658
CHARLOTTE E. SULLIVAN, Respondent, v. JOHN C. SULLIVAN, Appellant.

Headnote

Wages — services rendered by merriber of family — Evidence.
Where members of the same family live together, an express, distinct and well understood bargain to pay for board on the one side, or wages on the other, should be clearly proved before such a claim should be allowed. {B/Mnson v. Oushnian, 2 Denio, 152 ; Dye y. Kerr, 15 Barb., 444 ; Wilcox v. Wilcox, 48 id., 329; Shirty v. Vail, 38 How., 406 ; Williams v. Hutchinson, 3 Comst., 312.)
p. 659
Appeal from a judgment, entered on the report of a referee, in favor of plaintiff.
Huger da Jenney, for appellant. Johnson <& Hoyt, for respondent.

Opinion by

Present — Mullin, P. J., Smith and Gilbert, JJ.

Judgment reversed, new trial granted, costs to abide event.