Fay v. Guynon
Massachusetts Supreme Judicial Court
Contract, brought for the benefit of Michael Guynon, for breach of an agreement contained in a deed of land. Writ dated February 17, 1879. By the deed, a copy of which was annexed to the declaration, the plaintiff, in consideration of on'e dollar, paid by Mary Guynon, wife of Michael Guynon, “ and for the further consideration that the said Mary Guynon hereby agrees to furnish a home and support to her said husband when he is sober and well-behaved, not otherwise,”…
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Contract, brought for the benefit of Michael Guynon, for breach of an agreement contained in a deed of land. Writ dated February 17, 1879. By the deed, a copy of which was annexed to the declaration, the plaintiff, in consideration of on'e dollar, paid by Mary Guynon, wife of Michael Guynon, “ and for the further consideration that the said Mary Guynon hereby agrees to furnish a home and support to her said husband when he is sober and well-behaved, not otherwise,” quitclaimed to the defendant a parcel of land in Fall River. The answer denied that the plaintiff knew of, or authorized, the…
1Opinion of the CourtLord, J.
It is not contended in this case that, at the time oí the commencement of the action, there was not a subsisting contract between the parties which the plaintiff might lawfully enforce by suit. The contract was, indeed, for the benefit of a third person; but no objection is made that the suit is not properly brought in the name of the plaintiff, for the benefit of the party in interest. Four objections have been made in relation to the conduct of the suit, and have been argued before us; and these are the only questions upon which it is our duty to pass.
The first objection relates to the…
2Cited by29 opinions
- White v. E. T. Slattery Co.Massachusetts Supreme Judicial Court · 1920
- Stickney v. StickneySupreme Court of the United States · 1889
- Parker v. RussellMassachusetts Supreme Judicial Court · 1882
- Sexton v. SextonSupreme Court of Iowa · 1905
- Commonwealth v. PerezMassachusetts Supreme Judicial Court · 2011
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