Mudgett v. Emerson

• Decision Date: 29 July 1892
• Citation: Mudgett v. Emerson, 67 N.H. 234, 30 A. 343 (N.H. 1892)
• Parties: MUDGETT v. EMERSON.
• Court: New Hampshire Supreme Court

30 A. 343

67 N.H. 234

MUDGETT

v. EMERSON.

Supreme Court of New Hampshire. Hillsborough.

July 29, 1892.

Exceptions from Hillsborough county.

Bill by Mary Mudgett against George L. Emerson.A verdict was rendered for plaintiff, and defendant excepts.Exceptions overruled.

D. A. Taggart and E. M. Topliff, for plaintiff.

J. P. Bartlett and T. O. Knowlton, for defendant.

SMITH, J.The plaintiff seeks to recover for her services in the defendant's family.The plaintiff's evidence tended to show that the services were performed upon his promise that she should be paid, and that he had said repeatedly that she should be well paid for her work.The defendant denied any promise, and claimed that the services were rendered by her as a member of his family, without expectation of payment.As bearing upon the question of the understanding of the parties, the plaintiff introduced evidence, subject to exception, of the extent of his farm and amount of his property.If the defendant's circumstances were such that he was compelled to employ help in his family, that fact might have some tendency to show whether the plaintiff lived with him as a dependent relative or stranger, or as a hired servant.The larger his farm, the more occasion he would have to employ assistants in carrying it on; and the more help upon the farm, the more occasion he would have for household...