Boardman v. Silver
Massachusetts Supreme Judicial Court
Contract on an account for boarding the defendant’s wife and taking care of her in sickness. The answer alleged, among other defences, that the wife was supported in part by a benevolent society during the time covered by the account, and that her services to the plaintiff during that time were worth as much as the cost of her board.
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Contract on an account for boarding the defendant’s wife and taking care of her in sickness. The answer alleged, among other defences, that the wife was supported in part by a benevolent society during the time covered by the account, and that her services to the plaintiff during that time were worth as much as the cost of her board. Trial in the superior court before Morton, J., who allowed the following bill of exceptions: The plaintiff introduced the deposition of the defendant’s wife, in which she replied, to a cross-interrogatory of the defendant’s counsel, that during the time she…
1Opinion of the CourtWells, J.
The testimony to which the plaintiff objects was admitted to show that the support of the defendant’s wife was provided for, in part, by others than the plaintiff. It is immaterial in what form such provision was made. If it was in fact furnished, and applied to that purpose, whether directly, or by being accepted or appropriated by the plaintiff, it serves to reduce, pro tanto, the expense incurred by him for the support of the person for whose use it was so furnished. The plaintiff’s claim upon the defendant is only for so much as he has himself *331fairly expended or furnished for the support…
2Cited by1 opinion
- Spring v. HulettMassachusetts Supreme Judicial Court · 1870