Peters v. Inhabitants of Westborough
Massachusetts Supreme Judicial Court
Assumpsit for expenses incurred &c. in the support of Catharine Ladds, from March 2d, 1835, until her death. At the trial in the Common Pleas, before Strong J., it appeared, that the plaintiff was an inhabitant of Westborough ; that Catharine Ladds was the daughter of John Ladds, who resided in a neighbouring town ; that she came into the family of the plaintiff in March 1834, when she was eleven or twelve years of age, and remained there until her death, which took place on…
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Assumpsit for expenses incurred &c. in the support of Catharine Ladds, from March 2d, 1835, until her death. At the trial in the Common Pleas, before Strong J., it appeared, that the plaintiff was an inhabitant of Westborough ; that Catharine Ladds was the daughter of John Ladds, who resided in a neighbouring town ; that she came into the family of the plaintiff in March 1834, when she was eleven or twelve years of age, and remained there until her death, which took place on the 31st of May, 1835, after a sickness of four oi five months; that, on the 2d of March, 1835, the plaintiff gave…
1Opinion of the Court
Wilde J.
This case depends on the question, whether the plaintiff was not, by his contract, as it was offered to be proved by the defendants, bound to support the pauper, for the expenses of whose support the defendants are charged ; and we are of opinion that he was so bound by his contract with the pauper’s father. This was clearly a valid contract, unless, being by paroi, it was void by the statute of frauds, as an agreement not to be performed within the space of one year from the making thereof. St. 1788, c. 16, § 1. But this clause of the statute extends only to such agreements as, by *366the…
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