Collar v. Patterson

Citations

• 137 Ill. 403
• 27 N.E. 604

Syllabus

<p>1. Wages fob sebvices—as a member of family—when recoverable. The plaintiff, after her father’s death and her mother’s second marriage, in 1846, became an inmate of the family of the husband of her aunt, where she performed household duties until her marriage, in 1861. After the death of her aunt’s husband the claimant filed a claim against his estate for services rendered: Held, that the -circumstances under which she went to live with the deceased, her relationship to his wife, and the fact that she continued to live in his family for so many years without any payment or settlement, raised a presumption that she lived as a member of the family of deceased, and that she could recover only by showing an express contract for wages, or proving such circumstances as would reasonably imply such a contract.</p> <p>2. Where a claimant against an estate performed household services for the deceased, who was the husband of the claimant’s aunt, and such services continued for many years, without any payments or settlements, it was held, that although she may have expected to become an object of bounty by the will of the deceased, that fact would not entitle her to recover against the estate as upon a contract, express or implied, for wages.</p> <p>3. Statute of Limitations—how claim revived—promise to strangers. Where a claim against an estate for services performed shows, on its face, that it has been for several years barred by the Statute of Limitations, prior to its being filed, no recovery can be had without proof of such an acknowledgment of the debt, or some promise to pay it by the deceased within five years prior to the filing of the claim, as will revive the debt. And the promise or statements to revive the debt must be made to the claimant, and not to mere strangers.</p> <p>4. Practice—directing what the verdict shall be. An instruction to the jury to find for the defendant, after he has introduced his evidence, is allowable only when, as a matter of law, admit