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Matter of Bowlby

Appellate Division of the Supreme Court of New York, Third Department
Nov 2, 1938
255 App. Div. 899 (N.Y. App. Div. 1938)

Opinion

November 2, 1938.

Appeal from Albany County.

Present — Hill, P.J., Rhodes, McNamee, Bliss and Heffernan, JJ.


The value of the services as asserted in the claim was twenty-five dollars per week. The claimant conducts a rooming house in the city of Albany in which intestate lived from August 1, 1935, to January 13, 1937, and for which she paid each week twenty dollars for room and meals. She was a woman of advanced years and feeble. It is unquestioned that claimant administered medicines and responded to requests for attention. An implied contract to pay for additional services was not established. A man employed in the house quotes the dedecent, "Mrs. Brodhead always said Mrs. Blain [claimant] treated her very nice. As a matter of fact she said she intended to make her a nice present some time. She told me that on numerous different times." For the weekly payment which claimant received she was required to care for the room occupied by intestate and to furnish her meals. Robinson v. Munn ( 238 N.Y. 40) sustains the decision of the surrogate. Decree unanimously affirmed, with costs to the respondent against the appellant.


Summaries of

Matter of Bowlby

Appellate Division of the Supreme Court of New York, Third Department
Nov 2, 1938
255 App. Div. 899 (N.Y. App. Div. 1938)
Case details for

Matter of Bowlby

Case Details

Full title:In the Matter of the Judicial Settlement of the Account of Proceedings of…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Nov 2, 1938

Citations

255 App. Div. 899 (N.Y. App. Div. 1938)