Emma L. Whitman v. Taylor
Massachusetts Supreme Judicial Court
Bill in equity, filed July 11, 1901, by an executrix to restrain the defendant Taylor from prosecuting an action against the plaintiff on a guaranty by the plaintiff’s testator of a certain note mentioned by the court. In the Superior Court the case was heard by Fox, J., who found that the plaintiff was entitled to a decree perpetually enjoining the action on the guaranty, and at the request of the respondent Taylor reported the case for the consideration of this court.
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Bill in equity, filed July 11, 1901, by an executrix to restrain the defendant Taylor from prosecuting an action against the plaintiff on a guaranty by the plaintiff’s testator of a certain note mentioned by the court. In the Superior Court the case was heard by Fox, J., who found that the plaintiff was entitled to a decree perpetually enjoining the action on the guaranty, and at the request of the respondent Taylor reported the case for the consideration of this court. If the ruling was right, a decree was to be entered on the finding of the judge; otherwise, such decree was to be entered as…
1Opinion of the CourtHolmes, C. J.
This is a bill in equity brought to restrain the defendant Taylor from prosecuting a suit against the plaintiff as executrix of the will of her husband, Joseph E. Whitman, upon a guaranty of a note given to Taylor by the defendant Webster. The note was given by Webster for money borrowed by him in order to go into partnership with the deceased. After Mr. Whitman’s death, the plaintiff holding certain notes of the firm, the parties made an indenture by which Taylor covenanted to “ refrain from making any claim now or hereafter against the estate of said J. E. Whitman by reason of the contract…
2Cited by2 opinions
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