Whittier v. Child
Massachusetts Supreme Judicial Court
Contract, against the surviving trustee under the will of Jason R. Cummings for work, labor, and services performed. Trial in the Superior Court before Bond, J., who, at the close of the evidence for the plaintiff, directed the jury to return a verdict for the defendant; and the plaintiff alleged exceptions, which appear in the opinion.
1Opinion of the CourtHammond, J.
There was abundant evidence tending to show that at the request of Mrs. Cummings, who was the co-trustee of the defendant, the plaintiff performed services reasonably necessary for the care and repair of the trust property, and that the services were not regarded either by the plaintiff or by Mrs. Cummings as gratuitous.
The only questions, are whether in hiring the plaintiff Mrs. Cummings acted in her individual capacity or as trustee, and whether if she acted in the latter capacity it was with the knowledge and consent of the defendant as co-trustee. The burden was upon the plaintiff.
We…
2Cited by1 opinion
- Boyer v. Massachusetts Bonding & InsuranceMassachusetts Supreme Judicial Court · 1931