Dunbar v. Dunbar
Massachusetts Supreme Judicial Court
Contract for ten monthly instalments of $74.99 each, alleged to be due and payable to the plaintiff for the support and maintenance of the plaintiff and the plaintiff’s minor son, under an instrument in writing under seal. Writ in the Municipal Court of the city of Boston dated October 2,1899. The answer denied the allegations of the declaration, and alleged the defendant’s discharge in bankruptcy, also that the contract sued upon was without consideration.
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Contract for ten monthly instalments of $74.99 each, alleged to be due and payable to the plaintiff for the support and maintenance of the plaintiff and the plaintiff’s minor son, under an instrument in writing under seal. Writ in the Municipal Court of the city of Boston dated October 2,1899. The answer denied the allegations of the declaration, and alleged the defendant’s discharge in bankruptcy, also that the contract sued upon was without consideration. On appeal to the Superior Court the case was tried before Braley, J., without a jury. The instrument sued on was as follows : “…
1Opinion of the CourtBarker, J.
The action is in contract to recover ten instalments of 174.99 each, alleged to be due to the plaintiff in part for her own support and in part for that of her minor son, under a sealed instrument executed by herself and the defendant in the year 1896. After a ruling that so much of the demand as related to the support of the son was barred by the defendant’s discharge in bankruptcy, and a finding for the plaintiff for so much as related to her own support, and an order of judgment for the plaintiff upon the finding, the case comes here upon a report which states some facts that seem to have…
2Cases cited5 opinions
- Rollins v. MarshMassachusetts Supreme Judicial Court · 1880
- Morgan v. WordellMassachusetts Supreme Judicial Court · 1901
- Cutter v. CochraneMassachusetts Supreme Judicial Court · 1874
- Dean v. SkiffMassachusetts Supreme Judicial Court · 1880
- Easton v. EastonMassachusetts Supreme Judicial Court · 1873
3Cited by17 opinions
- Melvin R. Laird, Secretary of Defense v. Arlo TatumSupreme Court of the United States · 1972
- Kennedy v. WelchMassachusetts Supreme Judicial Court · 1907
- Fisher v. . Lumber Co.Supreme Court of North Carolina · 1922
- Fisher v. John L. Roper Lumber Co.Supreme Court of North Carolina · 1922
- Codman v. BradleyMassachusetts Supreme Judicial Court · 1909
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