Viens v. Brickle
Viens v. Brickle
Opinion of the Court
delivered the opinion of the court. The plaintiff alledges that she kept a boarding house in this city, well supplied with the necessary furniture, had a great deal of custom and was thriving in her business, when the defendant took charge of said house and furniture, managing its concern, and receiving the profits : that she faithfully attended to the management of the house and they continued engaged in the conduct of it for six years ; the plaintiff in the meanwhile receiving no wages and no part of the profits was ever allowed her; that she is fairly entitled to some compensation for her labour, and the wear and tear of her furniture.
The defendant pleaded the general issue and prescription : further, that in the month of April, 1810, the plaintiff and he agreed to live and cohabit together and did so, till the year 1819 ; that during the most of that time, the parties lived in a house hired by the defendant, and the plaintiff superintended his household
The plaintiff had a verdict and judgment for 1200 dollars and costs, and the defendant appealed.
The testimony, which is voluminous, establishes the fact that the plaintiff kept a decent boarding house for mechanics, well supplied with furniture, when the defendant came to board with her; that soon after he took the management of the house, as master of it, and the plaintiff continued her attention to its indoor concerns with great care. Her own witnesses
For the faithful and incessant services, in attending to the management of an humble boarding house, which fall to the lot of a female ; for the wear and tear of her furniture, the jury have believed that she is entitled to a sum which does not exceed what a common black servant would be allowed, at the ordinary rate, about ten dollars per month. Against this verdict, no principle of law militates, and we cannot say that it is incorrect. There is no evidence of any specific sum of money coming into her hands. The continuity of her services till, within a short time, previous to the suit, repels the plea of prescription.
It is, therefore, ordered, adjudged and de
Reference
- Full Case Name
- VIENS v. BRICKLE
- Cited By
- 2 cases
- Status
- Published