Patterson v. Patterson

New York Supreme Court

Patterson v. Patterson

13 Johns. 379

CourtNew York Supreme Court

DecidedAugust 15, 1816

StatusPublished

Cited by24 cases

This text of 13 Johns. 379 (Patterson v. Patterson) 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

Patterson v. Patterson, 13 Johns. 379 (N.Y. Super. Ct. 1816).

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Opinion

Van. Ness, J.,

'delivered’ the .opinion,, of the .court. The,. plaintiff is entitled to a reward for.-his services, iDecause ’the, .evidence repels the;- idea, that .they ivere to he .performed g^tnitously, .(Jacobson. v. The Executors of Le, Grange, 3 Johns. Rep. 200. Le Sage v. Coussmaker and others, Esp, N. P. Rep. 187.) ■ B.ut from-, the testimony of John Patterson, as well as of several- other witnesses, it. is evident' that the.plaintiff- was' ta1be 'Compensated for--his service's. by a'provision- to b,e made'for' him, by his father,. (the, defendant,)’In-ins will; and, of.course, that hp claim for,-.compensation'was' to be made inf his father’s'lifetitpe. . The, defendant is bound to make, arid it is to be presumed will .-make, s-.uch' a* provision for the plaintiff by his w-'i;ll, as will do. him. perfect justice, anct 'tyhichmay be perfectly satisfactory to.him, or which, in-j.udgmeat of law, may amount to. a satisfaction. Should the de-fe.idant wholly Overlook . .the plaintiff-in' his *Will, this -would .’fee sueñan-act of .iujusticef that'there' can be rib doubt‘the plaintiff-'might maintain an action, and. recover, a reasonable. compensation, for his services. ' This- suit, however, -is -pfemature, and cannot be supported,. The report- of 'the ,referees^ must, therefore, be set aside» • ■ • - ■ ■ ■ ■ . ' .

Motion-granted;,/

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Van. Ness, J.,

'delivered’ the .opinion,, of the .court. The,. plaintiff is entitled to a reward for.-his services, iDecause ’the, .evidence repels the;- idea, that .they ivere to he .performed g^tnitously, .(Jacobson. v. The Executors of Le, Grange, 3 Johns. Rep. 200. Le Sage v. Coussmaker and others, Esp, N. P. Rep. 187.) ■ B.ut from-, the testimony of John Patterson, as well as of several- other witnesses, it. is evident' that the.plaintiff- was' ta1be 'Compensated for--his service's. by a'provision- to b,e made'for' him, by his father,. (the, defendant,)’In-ins will; and, of.course, that hp claim for,-.compensation'was' to be made inf his father’s'lifetitpe. . The, defendant is bound to make, arid it is to be presumed will .-make, s-.uch' a* provision for the plaintiff by his w-'i;ll, as will do. him. perfect justice, anct 'tyhichmay be perfectly satisfactory to.him, or which, in-j.udgmeat of law, may amount to. a satisfaction. Should the de-fe.idant wholly Overlook . .the plaintiff-in' his *Will, this -would .’fee sueñan-act of .iujusticef that'there' can be rib doubt‘the plaintiff-'might maintain an action, and. recover, a reasonable. compensation, for his services. ' This- suit, however, -is -pfemature, and cannot be supported,. The report- of 'the ,referees^ must, therefore, be set aside» • ■ • - ■ ■ ■ ■ . ' .

Motion-granted;,/

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Bluebook (online)

13 Johns. 379, Counsel Stack Legal Research, https://law.counselstack.com/opinion/patterson-v-patterson-nysupct-1816.

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