Schmidt v. Schmidt
Massachusetts Supreme Judicial Court
Contract for the sum of $1,500, alleged to have been paid to the defendant at his request on July 6, 1901, upon the defendant’s promise to keep it and care for it for the plaintiff, to pay him interest and to return it at any time upon request. Writ dated July 18, 1908. In the Superior Court the case was referred to James L. Doherty, Esquire, as auditor and afterwards was tried before Hall, J. The material facts in evidence are stated in the opinion.
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Contract for the sum of $1,500, alleged to have been paid to the defendant at his request on July 6, 1901, upon the defendant’s promise to keep it and care for it for the plaintiff, to pay him interest and to return it at any time upon request. Writ dated July 18, 1908. In the Superior Court the case was referred to James L. Doherty, Esquire, as auditor and afterwards was tried before Hall, J. The material facts in evidence are stated in the opinion. At the close of the evidence, the plaintiff asked for the following rulings, among others: "3. Even if the purpose of the assignment was to keep…
1Opinion of the CourtDe Courcy, J.
The plaintiff and the defendant are brothers. Their father, John C. Schmidt, died on April 17, 1901, and by his will gave to his wife Abby B. Schmidt one third of all his personal estate, and also from the proceeds of the sales of his real estate such sums as would be due to her as dower, to be computed according to life tables. From the proceeds of such sales he also gave to Fred Schmidt (the defendant) and Alfred F. Lilley the sum of $5,000 in trust, to pay the income in their discretion toward the maintenance of his son John C. Schmidt, Jr. (the plaintiff), the said sum on the decease of…
2Cases cited10 opinions
- Jennings v. RooneyMassachusetts Supreme Judicial Court · 1903
- Campbell v. WhoriskeyMassachusetts Supreme Judicial Court · 1898
- Harvey v. VarneyMassachusetts Supreme Judicial Court · 1867
- Davis v. CoburnMassachusetts Supreme Judicial Court · 1880
- Lufkin v. JakemanMassachusetts Supreme Judicial Court · 1905
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3Cited by15 opinions
- Commonwealth v. RussMassachusetts Supreme Judicial Court · 1919
- Stetson v. FrenchMassachusetts Supreme Judicial Court · 1947
- Commonwealth v. BinkiewiczMassachusetts Supreme Judicial Court · 1961
- Goldston v. RandolphMassachusetts Supreme Judicial Court · 1936
- O'Gasapian v. DanielsonMassachusetts Supreme Judicial Court · 1933
10 more not listed; retrieve them via the Exa API.