Studley v. Ballard
Massachusetts Supreme Judicial Court
Two actions OE CONTRACT, by deputy sheriffs, to recover for services and disbursements in connection with certain seizures of liquor. At the trial in the Superior Court, without a jury, before Wardwell, J., the defendant requested a ruling that the actions could not be maintained because his promise was without consideration, and because the contract was illegal and void.
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Two actions OE CONTRACT, by deputy sheriffs, to recover for services and disbursements in connection with certain seizures of liquor. At the trial in the Superior Court, without a jury, before Wardwell, J., the defendant requested a ruling that the actions could not be maintained because his promise was without consideration, and because the contract was illegal and void. The judge refused so to rule, and ordered judgment for the plaintiff in the first case in the sum of $15.61, and in the second case in the sum of $13.52; and the defendant alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtHolmes, J.
The place of seizure was the town of Hampden. The plaintiffs lived in Palmer. There were otljer deputies nearer, but the defendant especially desired and requested the plaintiffs to do the work, and promised to pay them. The case is here, after a finding for the plaintiffs by a judge without a jury, upon an exception to a refusal to rule that the contracts were without consideration and illegal. That broad question is the only one before us. It appears that the plaintiffs, at the defendant’s request, went to Springfield to get evidence upon which to found complaints, and advice as to the best…
2Cases cited3 opinions
- Hatch v. MannCourt for the Trial of Impeachments and Correction of Errors · 1835
- Brophy v. MarbleMassachusetts Supreme Judicial Court · 1875
- Davis v. MunsonSupreme Court of Vermont · 1870
3Cited by4 opinions
- Moore v. Sheppard, Comp.Texas Supreme Court · 1946
- Crosby County Cattle Co. v. McDermettCourt of Appeals of Texas · 1926
- Hartley v. Inhabitants of GranvilleMassachusetts Supreme Judicial Court · 1913
- Leach v. EastmanMassachusetts Supreme Judicial Court · 1902