Source: United States Circuit Court of the District of Columbia
Date: 1836-03-01
Jurisdiction: United States
Citation: 16 F. Cas. 644 · 4 Cranch, C. C. 693
Opinion
And THE COURT (CRANCH, Chief Judge, contra), gave the instruction as prayed. MORSELL, Circuit Judge, observing that if the whole evidence was believed by the jury, the plaintiff was not entitled to recover. CRANCH, Chief Judge, said, that to support the plaintiff’s action upon this declaration, she must satisfy the jury that there was a duty on the part of the defendant to be violated by not compensating the plaintiff for the services stated in the declaration.
But there was no such duty, unless the services were performed at the request of the defendant, either express or implied; and that if they were rendered upon a sudden emergency, and were beneficial to the defendant, his assent might be presumed, .unless the contrary appeared in evidence.