Supreme Court of Vermont, 1872

Harris v. Currier

Supreme Court of Vermont · Decided February 15, 1872 · Wheeler

44 Vt. 468

Cases that cite this one

5 later published cases cite this decision.

Peters v. Estate of Poro (Vt. 1922)
Danyew v. Juliana D. Powers' Estate (Vt. 1911)
Bostwick v. Estate of Bostwick (Wis. 1888)
Sawyer v. Hebard's Est. (Vt. 1886)
Taylor v. Taylor (Tenn. 1878)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

The opinion of the court was delivered by

WheeleR J.

The relation that existed between the defendant and trustee rebuts the presumption that generally would arise . *470between strangers from the performance of valuable services by one for the other, with the knowledge of the other, upon which the law ordinarily would raise an obligation to pay reasonable wages, and raises the presumption that the services were per-fonned on account of the relation, and not for wages, and no obligation to pay wages is implied. The same relation rebuts any presumption that the loan made, without reasonable expectation of repayment, was in fact a payment upon a just debt, and raises the presumption that tho loan was made and' the risk of repayment taken on account of the relation, and not for any other purpose.

Judgment affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.