Haynes v. Nice
Massachusetts Supreme Judicial Court
Contract on an account dated December 25,1866, for twenty-four weeks’ board of the defendant’s child. The answer among other defences set up the statute of frauds.
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Contract on an account dated December 25,1866, for twenty-four weeks’ board of the defendant’s child. The answer among other defences set up the statute of frauds. At the trial in the superior court, before Wilkinson, J., the plaintiff introduced evidence which tended to prove that the defendant came to her house in January 1866 with Hannah Hurley, who was pregnant that he said in the plaintiff’s hearing that he was the father of the child, and asked the plaintiff to take care of Hurley during her confinement, and the plaintiff did so ; that Hurley paid her for doing so, and afterwards paid…
1Opinion of the CourtGray, J.
The evidence introduced by the plaintiff at the trial tended to prove that the defendant made an oral promise to pay for the past and future board of the child at a certain weekly tote. The judge presiding at the trial instructed the jury that *329if the defendant made such a con:ract, he would be liable for the future board of the child; but not for the past board, because the contract to pay for that was a promise to pay the debt of another and within the statute of frauds. The latter part of this instruction was in the defendant’s favor and is not excepted to. And he has no just ground of…
2Cases cited1 opinion
- Ramsay v. WarnerMassachusetts Supreme Judicial Court · 1867
3Cited by13 opinions
- Townsend v. HargravesMassachusetts Supreme Judicial Court · 1875
- Allen v. EdwardsMassachusetts Supreme Judicial Court · 1883
- Kennedy v. DrakeMassachusetts Supreme Judicial Court · 1916
- Trudeau v. PoutreMassachusetts Supreme Judicial Court · 1896
- Warren v. ChapmanMassachusetts Supreme Judicial Court · 1870
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