Mussey v. Mussey
Supreme Judicial Court of Maine
On exceptions. Assumpsit on the following paper, dated Portland, November 21, 1856, signed by the defendant and addressed to Mr. Charles Mussey, Portland: “ Brother Charles : — The re-building Mussey’s Row, which was destroyed by fire a short time after my return, in June last, has occupied pretty much the whole of my thoughts, as well as time, this season.
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On exceptions. Assumpsit on the following paper, dated Portland, November 21, 1856, signed by the defendant and addressed to Mr. Charles Mussey, Portland: “ Brother Charles : — The re-building Mussey’s Row, which was destroyed by fire a short time after my return, in June last, has occupied pretty much the whole of my thoughts, as well as time, this season. Before returning, I had concluded to assure you that you might rely on me for such pecuniary aid as would be necessary for your comfort and convenience during our lives. Although my verbal assurance would be sufficient for that purpose…
1Opinion of the CourtWalton, J.
This ease is before the law court on exceptions to the admission of evidence.
The action is assumpsit. It is founded upon a promise contained in a letter from the defendant, John Mussey, to his brother, Charles Mussey, dated Nov. 24, 1856. In that letter the defendant assured his brother that he might rely upon him for such pecuniary aid as would be necessary for his comfort and convenience; and he therein engaged to appropriate seven hundred dollars annually, to be paid to him semi-annually, for that purpose. The only question at the trial was whether this promise was gratuitous or founded…
2Cited by2 opinions
- Lipman Bros. v. Hartford Accident & Indemnity Co.Supreme Judicial Court of Maine · 1953
- Comegys v. American Lumber Co.Washington Supreme Court · 1894