Smith v. Mayo
Massachusetts Supreme Judicial Court
Assumpsit on a promissory note for 129 dollars 74 cents, made on the 28th of November, 1807, by James Weeks, the defendants’ testator, and payable to the plaintiff or his order in ninety days from the date.
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Assumpsit on a promissory note for 129 dollars 74 cents, made on the 28th of November, 1807, by James Weeks, the defendants’ testator, and payable to the plaintiff or his order in ninety days from the date. In a case stated for the opinion of the Court, it was agreed that the note was duly made for a valuable consideration; that the testator was nineteen years of age when he made the note; that on the 5th day of August, 1809, being then of full age, he made his last will, which was afterwards duly proved, and in and by the same devised all his estate, real and personal, to certain of his…
1Opinion of the Court
The action being continued nisi, the opinion of the Court was delivered in Boston, (at an adjourned session of the March term holden in July,) by
* Parker, J.
In this case, the note declared on was made during the minority of the testator, and it is not stated that the consideration for the promise was necessaries for his maintenance and support.
The action is attempted to be supported solely on the ground that the will, which was made after the testator attained to full age, contains a direction to pay his just debts; and it may be presumed, although it is not so stated, that the note declared…
2Cases cited2 opinions
- Jackson v. MayoMassachusetts Supreme Judicial Court · 1814
- Martin v. MayoMassachusetts Supreme Judicial Court · 1813
3Cited by18 opinions
- Henry v. . RootNew York Court of Appeals · 1865
- Allen v. PooleMississippi Supreme Court · 1877
- Jefford's Adm'r v. Ringgold & Co.Supreme Court of Alabama · 1844
- Wilcox v. RoathSupreme Court of Connecticut · 1838
- Ferguson v. Bell's AdministratorSupreme Court of Missouri · 1852
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