Crowell v. Moley
Massachusetts Supreme Judicial Court
Contract on an alleged oral contract of the defendant to pay a promissory note for $500 made by the defendant’s father to the plaintiff’s testator as stated in the opinion. Writ dated January 3, 1903. In the Superior Court the case was tried before Wait, J., who ordered a verdict for the defendant, and after verdict reported the case for determination by this court.
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Contract on an alleged oral contract of the defendant to pay a promissory note for $500 made by the defendant’s father to the plaintiff’s testator as stated in the opinion. Writ dated January 3, 1903. In the Superior Court the case was tried before Wait, J., who ordered a verdict for the defendant, and after verdict reported the case for determination by this court. If the ruling of the judge was correct judgment was to be entered on the verdict; otherwise, the verdict was to be set aside and the case was to stand for a new trial.
1Opinion of the CourtLoring, J.
This is an action brought by the widow and administratrix with the will annexed of the payee of a promissory note, on an alleged promise by a daughter of the maker to pay the amount of the note out of her own funds.
The payee died October 17, 1897, that is to say after the note was outlawed under the special statute of limitations as to actions against administrators and executors. R. L. c. 141, § 9. No direct evidence was put in by. the plaintiff of any contract between the payee and the defendant. The plaintiff testified that she had had a conversation with her testator late in the summer of…
2Cases cited3 opinions
- Toland v. Paine Furniture Co.Massachusetts Supreme Judicial Court · 1900
- Griffin v. CunninghamMassachusetts Supreme Judicial Court · 1903
- Caswell v. FellowsMassachusetts Supreme Judicial Court · 1872
3Cited by8 opinions
- Sargent v. Massachusetts Accident Co.Massachusetts Supreme Judicial Court · 1940
- City Nat. Bank of Huron, SD v. FullerCourt of Appeals for the Eighth Circuit · 1931
- Gormley v. DangelMassachusetts Supreme Judicial Court · 1913
- Botkin v. MillerMassachusetts Supreme Judicial Court · 1906
- Jameson v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
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