Hardy v. Hardy
Hardy v. Hardy
Opinion of the Court
delivered the opinion of the Court.
It appears from the testimony in this cause that John Hardy, of Montgomery County, departed this life on the 13th of April, 1888, intestate, possessed of personal estate of inconsiderable value, and seized of valuable real estate, situate, in said county, and the District of Columbia. He left surviving him the following children, his only heirs-at-law, — Thomas O. Hardy, William Cephas Hardy, Joseph E. Hardy, Mary D. Hardy, and Elizabeth H. Smith, wife of Angus W. Smith. Letters of administration on the personal estate of the intestate were, by the Orphans’ Court of said county, granted to the appellant, who administered the trust. After he had qualified as administrator, the appellant presented to the Orphans’ Court, a claim against the estate of his father, the intestate, for thirty years’ services rendered him on the farm, upon which they both lived during the period of such service, and for thirty dollars cash loaned, amounting in the aggregate to the sum of $4,530. This account was objected to, and never passed upon by the Orphans’ Court, but it does not certainly appear from the testimony what disposition, if any, was made of it. But in any event it is wholly immaterial, for it is quite clear that the personal estate is wholly insufficient to discharge so large a claim, and scarcely sufficient to pay the expenses of administration,
The controversy before us arises out of the bill of complaint, filed on the 31st of July, 1889, by the appellant against all the other children and heirs-at-law of John Hardy, for the purpose of subjecting the real estate, sitirate in said county, of which said intestate died seized, to the payment of appellant’s claim for services in working on farm, &c., amounting to the sum of $4,504.17, and for cash loaned September, 1886, the sum of $30, aggregating the sum of $4,534.17, and alleging the insufficiency of the personal estate to pay the just debts due and owing by the intestate at the time of his death. A new claim is exhibited with the bill, the items of which are somewhat differently stated from the claim filed in the Orphans’ Court, but the difference between the two is quite immaterial. William Cephas Hardy was the only heir who answered the bill, denying the indebtedness of his father to the appellant in any sum, and setting up the bar of the Statute of Limitations against a recovery by the plaintiff. The appellant’s sister, Elizabeth H. Smith, and her husband, have answered the bill, admitting the allegations therein contained, and consenting to a decree for the sale of said real estate as therein prayed. The other defendants, Joseph E. Hardy, and wife, and Mary D. Hardy, were summoned but failed to appear, and the bill as to them was taken pro confesso.
Then followed the taking of testimony, which resulted in a record of more than one hundred and sixty printed pages, and certainly twice the size it should have been. Such a record in a case like this serves no good purpose, but compels an unnecessary expenditure of time and money; hence arises, in a great measure, the complaint
This Court has heretofore, in Bantz, Ex’r vs. Bantz, et al., 52 Md., 693, and in other cases, been called upon to examine the law applicable to cases of this character, and has determined the same in such manner as to leave no doubt as to the doctrine which should control in this case. In Bantz’s Case this Court held: “That if under all the circumstances of the case, the services were of such a character as to lead to a reasonable belief, that it was the understanding of the parties that pecuniary compensation should he made for them, then they might find an
In this case, after careful consideration of all the evidence, we have found no difficulty in reaching the conclusion, that there is ample proof to justify the finding of an implied understanding between the father and the son, that the services rendered were to he charged for, and met by payment.
There is certainly great force in the fact that all the defendants, save one, have testified in this cause against their own interests, maintaining that the appellant performed the services for which he is seeking compensation, that his claim is just and right, and that he is entitled to a reasonable compensation for his work and labor. We think the testimony demonstrates that the charge which the appellant has made cannot he fairly considered to he unreasonable or excessive. The charge of thirty dollars for money loaned is also clearly established. But from a careful consideration of all the proof, we do not think the appellant ought to he allowed interest. There are statements in the testimony which show that the intestate from time to time paid the appellant small sums of money, for which no credit has been given, and in consequence of the claim having been allowed to continue so long without an accounting or settlement, we think no interest should be allowed.
The plea of limitations interposed in this cause cannot prevail, for the reason that the acknowledgment of the intestate made, within three years of the filing of the bill, are explicit and direct. He has repeatedly acknowledged his indebtedness to the appellant, and promised to pay the same; and whilst these acknowledgments may have been very general in terms, yet, when they sufficiently point to the particular indebtedness, they will be deemed adequate to remove the bar of the Statute.
The principle is well settled in this State that when a debt is admitted to be due, the law raises by implication a promise to pay it. It is therefore immaterial whether the promise be made in express terms, or be deduced from an acknowledgment as a legal implication In either case the effect is the removal of the bar of the Statute, and the restoration of the remedy upon the original demand. Ellicott vs. Nicholls, 7 Gill, 96; Guy vs. Tams, 6 Gill, 82; Peterson vs. Ellicott, 9 Md., 52; Shipley and Wampler, Ex’rs vs. Shilling, 66 Md., 563.
We think the claim of the appellant should have been allowed, but, for the reasons stated, without interest. It follows from what we have said, that the decree passed by the Court below should be reversed, and the cause remanded for further proceedings in accordance with this opinion.
Decree reversed, and cause remanded, costs to he paid out of the proceeds of the sale.
Reference
- Full Case Name
- Thomas O. Hardy v. William Cephas Hardy, and others
- Status
- Published