{
  "id": 11276790,
  "name": "WILLIAM S. HUDSON v. JOHN LUTZ et al, EXECUTORS",
  "name_abbreviation": "Hudson v. Lutz",
  "decision_date": "1857-12",
  "docket_number": "",
  "first_page": "217",
  "last_page": "220",
  "citations": [
    {
      "type": "nominative",
      "cite": "5 Jones 217"
    },
    {
      "type": "official",
      "cite": "50 N.C. 217"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "3 Dev. 349",
      "category": "reporters:state",
      "reporter": "Dev.",
      "opinion_index": 0
    }
  ],
  "analysis": {
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  "last_updated": "2023-07-14T20:15:56.644691+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "WILLIAM S. HUDSON v. JOHN LUTZ et al, EXECUTORS."
    ],
    "opinions": [
      {
        "text": "Pearson, J.\nThe evidence in support of the allegation of an express promise to pay for the plaintiff\u2019s work, was certainly very slight; and we incline to the opinion, that his Honor would have been justified in telling the jury, there was no evidence to support it. The facts, that the defendant\u2019s testator said the plaintiff was a \u201c good boy,\u201d had anote for $100 drawn, saying \u201che wished to give it to him,\u201d for his services for that year, and afterwards signed the note and left it among his papers, without delivering it, have a tendency to show a contemplated gratuity in respect to the plaintiff\u2019s services, rather than a special undertaking to pay for them ; consequently, the plaintiff has no right to complain of this part of the charge.\nThe fact that the mother of the plaintiff performed services iu the family, equivalent to his board, schooling, &c., had no legitimate bearing, and was properly rejected ; it was calculated to mislead by serving the purpose of a \u201c make-weight\u201d in getting up an impression that the plaintiff\u2019s was a \u201c hard case.\u201d\nThe question then is, under the circumstances of this case, did the law imply a promise to \u00a1jay the plaintiff for his services ?\nWhen work is done for another, the law implies a promise to pay for it; this is the general rule ; it is based on a presumption, growing out of the ordinary dealings of men. But an exception is made, whenever this presumption is rebutted by the relation of the parties. The case of a parent and child is an exception ; also, that of a step-father and child; Hussey v. Roundtree, Busbee 111, \u201c The step-father is not bound to support his step-children, nor they to render him any services ; but if lie maintain them, or the}7 labor for him, they will be deemed to have dealt with each other in the character of parent and child, and not as strangers.\u201d The same principle applies to a grand-father and child, when the one assumes to act in loco parentis.\nIn our case, this relation existed to all intents and purposes. The circumstance that the plaintiff was illegitimate, has no bearing on the application of the principle; the \u201c old man,\u201d in the fullness of his affection, forgave the transgression of his daughter, and allowed her and her child \u201c to live with him as members of his family up to his death.\u201d The relation of the parties rebuts the presumption of a special contract, and puts the idea, that he was to be paid for furnishing them a home, or they -wore to have \u201c a price\u201d for work and labor done, out of the question. In the language of Ruefist, Judge, tc Such claims ought to be frowned on by- courts and juries. To sustain them, tends to change the character of our people, cool domestic regard, and in the place of confidence, sow jealousies in families ;\u201d Williams v. Barnes, 3 Dev. 349. In that case, a son, after he was twenty-one years of age, continued to live with his mother and act as overseer for her, and it was held by a majority of the court, that the relation of the parties was a circumstance that ought to have been left to the jury, as tending to rebut the presumption, that ho was to be paid \u201c a price\u201d for his work. In this, the plaintiff had been raised and cared for as a son by his grand-lather, and the relation, se, rebuts the presumption of a promise to pay for his services, during his minority. There is no error.\nPer Curiam, Judgment affirmed.\nHis Honor, the Chief Justioe, was prevented by sickness from attending the court during the greater part of this term, which accounts for the fact that so few opinions of his appear in this number.",
        "type": "majority",
        "author": "Pearson, J."
      }
    ],
    "attorneys": [
      "Holes, for the plaintiff.",
      "Lander and Avery, for the defendants."
    ],
    "corrections": "",
    "head_matter": "WILLIAM S. HUDSON v. JOHN LUTZ et al, EXECUTORS.\nWhere a grand-son was raised and cared for by a grand-father till he was fifteen years old, the relation rebuts the implication of a promise to pay for work and labor done by the boy on his grand-father\u2019s farm.\nActioN of assumpsit, tried before Caldwell, J., at the Spring Term, 1856, of Catawba Superior Court.\nThe plaintiff declared for work and labor done ; he was the illegitimate son of a daughter of the defendant\u2019s testator, and the mother and son had both lived in the family of the testator from the birth of the plaintiff, to the time of the testator\u2019s death, at which time the plaintiff was fifteen years old.\nIt appeared in evidence that the defendant\u2019s testator boarded and schooled the plaintiff; that the schooling was mostly in the winter season; that, after he became able to labor, he worked on the farm, assisted in getting wood, and taking care of stock when not employed in school, and that the testator spoke of him as a good boy, saying at the same time that he would do something for him ; that in April,-1848, the testator called on one of the witnesses and told him to draw a note for a hundred dollars, saying that he wished to give it to the plaintiff; that he was a good boy, and he would give him that for the services of that year; that the note was drawn and signed by the testator, but was not delivered, and was found among the testator\u2019s papers after his death. There was conflicting evidence as to the value of the plaintiff\u2019s services J some of the witnesses rating them as worth $150 a year, while others said they were worth nothing beyond his victuals and clothes. It was proved that his mother made his clothes, and he offered to prove that her services were worth his boarding, schooling, &c., which evidence was objected to by the other side, and excluded by the Court, for which plaintiff excepted.\nThe Court charged the jury, that the law, under the circumstances, did not raise a promise on the part of the testator to pay the plaintiff for his services, and lie could not recover upon an implied assumpsit; but, if they could collect from the testimony, that there was an understanding or engagement between the parlies, that the testator was to pay the plaintiff for his services, he would be entitled to recover. Plaintiff excepted.\nVerdict and judgment for the defendant. Appeal by tbe plaintiff.\nHoles, for the plaintiff.\nLander and Avery, for the defendants.\nThis cause was decided at the last term of this Court at Morganton, but was omitted from the report of that term accidentally."
  },
  "file_name": "0217-01",
  "first_page_order": 225,
  "last_page_order": 228
}