Parish v. Craig
Court of Appeals for the D.C. Circuit
Hearing ou au appeal by the defendant from a judgment of the Supreme Court of the District of Columbia, on verdict, in an action on a contract to pay a percentage of the gross amount recovered on a claim against the United States.
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Hearing ou au appeal by the defendant from a judgment of the Supreme Court of the District of Columbia, on verdict, in an action on a contract to pay a percentage of the gross amount recovered on a claim against the United States. The Court in the opinion stated the facts as follows: The declaration of Annie F. Craig, administratrix of the estate of Samuel Ramsey, filed October 4, 1909, against Emily E. Parish, executrix of the will of J. W. Parish, alleged a promise by said Parish on October 9, 1900, in return for pecuniary and other aid rendered by Samuel Ramsey, to pay to said Ramsey an…
1Opinion of the CourtChief Justice Shepard
We are of the opinion that it was error to charge the jury that the law presumed the consideration named in the contract in action had been paid and received; thereby making a prima facie case entitling the plaintiff to a verdict in the absence of proof of illegality.
It is the settled rule of the common law—changed now by statute in some of the States, but not in this jurisdiction—that except in the case of sealed instruments, negotiable bills and notes, the consideration therefor is not presumed of implied, but must be proved. Lansing v. M’Killip, 3 Caines, 286-288; Curley v. Dean, 4 Conn.…
2Cases cited7 opinions
- Davis v. StoutIndiana Supreme Court · 1890
- Whitney v. StearnsSupreme Judicial Court of Maine · 1839
- Frank v. IrgensSupreme Court of Minnesota · 1880
- Genest v. L'Union St. JosephMassachusetts Supreme Judicial Court · 1886
- Lansing v. M'KillipNew York Supreme Court · 1805
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