Angel v. McLellan
Massachusetts Supreme Judicial Court
This was an action of assumpsit for money paid for sundry articles of clothing, and for board, furnished the defendant’s minor son in the West Indies.
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This was an action of assumpsit for money paid for sundry articles of clothing, and for board, furnished the defendant’s minor son in the West Indies. The action was tried upon the general issue, October term, 1818, before Thatcher, J. It ivas in evidence that the defendant’s son had been indicted in this Court for a felony, that a warrant had issued for his apprehension, and that he had absconded to avoid the same, had gone to the West Indies, and that upon his application to the plaintiff, to whom the defendant was known, the plaintiff made the advances, for which the present action was…
1Opinion of the CourtParker, C. J.
The circumstances of the plaintiff’s claim arc so favorable in an equitable point of view, and the grounds of defence, as they appear in the report of the trial, so rigid and illiberal, that, if regret was to be indulged in the performance of duty, we should certainly feel no small portion of it on the present occasion. We have indeed looked diligently for principles and authorities, upon which the plaintiff’s case might be sustained, but without success. There being no express promise, the question is, whether the facts proved raise an implied promise against the defendant.
The defendant’s…
2Cited by27 opinions
- Ramsey v. RamseyIndiana Supreme Court · 1889
- Oeler by Gross v. OelerSupreme Court of Pennsylvania · 1991
- Benson v. RemingtonMassachusetts Supreme Judicial Court · 1806
- Brosius v. BarkerMissouri Court of Appeals · 1911
- Trainer v. TrumbullMassachusetts Supreme Judicial Court · 1886
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