Home/New York Supreme Court/Bartholomew v. Jackson

Bartholomew v. Jackson

20 Johns. 28
CourtNew York Supreme Court
DecidedMay 15, 1822
StatusPublished
Cited by32 cases

This text of 20 Johns. 28 (Bartholomew v. Jackson) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bartholomew v. Jackson, 20 Johns. 28 (N.Y. Super. Ct. 1822).

Opinion

Platt, J.

delivered the opinion of the Court. I should be very glad to affirm this judgment; for though the plaintiff was not legally entitled to sue for damages, yet to bring a certiorari on such a judgment was most unworthy, The plaintiff performed the service without the privity or Request of the defendant; and there was, in fact, no promise, express or implied. If a man humanely bestows his labour, and even risks his life, in voluntarily aiding to pre[29]*29serve Isis neighbour’s house from destruction by fire, the law considers the service rendered as gratuitovs, and it, therefore, forme no ground of action. The judgment must he reversed.

Judgment reversed.

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20 Johns. 28, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bartholomew-v-jackson-nysupct-1822.