Prescott v. Brown
Supreme Judicial Court of Maine
Assumpsit for services alleged to have been by her performed for the defendant in washing clothes. The plaintiff, at the time of the commencement of the suit, was the widow of David Prescott, whose estate was insolvent. The plaintiff proved the services charged to have been performed personally by her, while she was the wife of said'David, but did not show any promise by the defendant to pay her personally.
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Assumpsit for services alleged to have been by her performed for the defendant in washing clothes. The plaintiff, at the time of the commencement of the suit, was the widow of David Prescott, whose estate was insolvent. The plaintiff proved the services charged to have been performed personally by her, while she was the wife of said'David, but did not show any promise by the defendant to pay her personally. The defendant filed in set-off an account against her late husband, and proved a greater amount to be due to him, than the claim in suit. Chandler, Judge of the Eastern District Court,…
1Opinion of the Court
The opinion of the Court was drawn up by
Shepley J.
The plaintiff, being the widow of David Prescott deceased, brings this suit to recover for services performed in washing for the defendant, while she was a feme covert residing with her husband.
The counsel for the plaintiff contends, that, she being the meritorious cause, an action might have been maintained for those services in the name of the husband and wife during the life of the husband. And that, when the wife may be joined, the cause of action survives to her. The elementary writers cited appear, to sustain these positions, with this…
2Cited by1 opinion
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