Howe v. Howe
Massachusetts Supreme Judicial Court
Contract for one third of a balance due on an account for money paid by the plaintiff in settling, after March 29, 1864, debts contracted by Stephen Howe prior to that date; in sup-' porting and taking care of said Stephen and his wife until the death of each respectively; for their funeral expenses; and in the care and management of a farm in Marlborough from March 29, 1864, to April 24,1865, the date of the writ.
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Contract for one third of a balance due on an account for money paid by the plaintiff in settling, after March 29, 1864, debts contracted by Stephen Howe prior to that date; in sup-' porting and taking care of said Stephen and his wife until the death of each respectively; for their funeral expenses; and in the care and management of a farm in Marlborough from March 29, 1864, to April 24,1865, the date of the writ. At the trial in the superior court, before Putnam, J., it appeared that on March 29,1864, Stephen Howe conveyed to his three sons, (the plaintiff, the defendant, and Nahum B.…
1Opinion of the CourtGray, J.
By the conveyances from Stephen Howe to his sons, they became the owners of the real and personal property conveyed, as tenants in common; and by their contemporaneous agreement with and mortgage to him, they became jointly liable to pay his outstanding debts and to support him and his wife for life. There is no evidence that they ever agreed or intended to make this property partnership property, or this obligation a partnership obligation. If any partnership was ever created between them, (upon which we express no opinion,) it was, at most, in the profits and losses of carrying on the farm.…
2Cited by7 opinions
- McMurtrie v. GuilerMassachusetts Supreme Judicial Court · 1903
- Union Savings & Loan Co. v. CookOhio Supreme Court · 1933
- Gilliam v. LoebMissouri Court of Appeals · 1908
- Ford v. Jellico Grocery Co.Court of Appeals of Kentucky · 1922
- Meserve v. AndrewsMassachusetts Supreme Judicial Court · 1870
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