Ellis v. Felt
Massachusetts Supreme Judicial Court
Contract for services in taking care of rooms occupied by Charles W. Felt, the father of the defendant, and also for washing and mending clothes of Charles W. Felt. Writ dated April 8, 1908. In the Superior Court the case was tried before Bishop, J. The following facts appeared in evidence. On May 1, 1902, the plaintiff and her husband, Asa F. Ellis, went to live on a farm in Northborough, occupied by the defendant’s father, Charles W. Felt.
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Contract for services in taking care of rooms occupied by Charles W. Felt, the father of the defendant, and also for washing and mending clothes of Charles W. Felt. Writ dated April 8, 1908. In the Superior Court the case was tried before Bishop, J. The following facts appeared in evidence. On May 1, 1902, the plaintiff and her husband, Asa F. Ellis, went to live on a farm in Northborough, occupied by the defendant’s father, Charles W. Felt. Asa F. Ellis first hired the farm from one William H. Sampson, who sublet it to him during the year 1902, and from 1903 Asa F. Ellis hired the farm from…
1Opinion of the CourtKnowlton, C. J.
The defendant’s requests for rulings and the refusal to give them, with the exceptions taken to this refusal, present the principal questions in this case: They are founded on that part of the statute of frauds which relates to an oral promise to pay the debt of another. ÍTone of the instruc*476tians requested could properly be given, for each of them calle'd for a ruling equivalent to the direction of a verdict for the defendant, when in fact there was ample evidence to warrant a finding of a novation, whereby the defendant’s father was released from his liability upon a debt and the defendant…
2Cases cited3 opinions
- Furbish v. GoodnowMassachusetts Supreme Judicial Court · 1867
- Caswell v. FellowsMassachusetts Supreme Judicial Court · 1872
- Trudeau v. PoutreMassachusetts Supreme Judicial Court · 1896
3Cited by5 opinions
- Codman v. BeaneMassachusetts Supreme Judicial Court · 1942
- Kulchinsky v. SegalMassachusetts Supreme Judicial Court · 1940
- Pope & Cottle Co. v. WheelwrightMassachusetts Supreme Judicial Court · 1921
- Kavanagh v. the MacCabeesUtah Supreme Court · 1925
- Barnett v. RosenbergMassachusetts Supreme Judicial Court · 1911