Legal Opinion

St. John v. St. John

Massachusetts Supreme Judicial Court

Decided March 1, 1916PublishedCited by 6 opinions

Contract for $1,000 alleged to be due to the plaintiff under an oral agreement described in the opinion. Writ dated October 18,. 1913. In the Superior Court the case was tried before Hamilton, J., who at the close of the evidence, which is described in the opinion, refused to rule that the plaintiff could not recover or to rule that the plaintiff could not recover $1,000 as damages.

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Contract for $1,000 alleged to be due to the plaintiff under an oral agreement described in the opinion. Writ dated October 18,. 1913. In the Superior Court the case was tried before Hamilton, J., who at the close of the evidence, which is described in the opinion, refused to rule that the plaintiff could not recover or to rule that the plaintiff could not recover $1,000 as damages. The judge submitted the case to the jury and instructed them that if the plaintiff was entitled to recover anything she was entitled to recover $1,000. The jury returned a verdict for the plaintiff in the sum of…

1Opinion of the CourtBraley, J.

The plaintiff, her husband and child, and the defendant, her father-in-law, a widower, lived together as a family in this Commonwealth until in consequence of the husband’s habits of intoxication she left her home taking her child, and secured work in another State as an operative in a knitting mill. It was uncontroverted that shortly thereafter she was solicited by the defendant to return and re-establish the home. And while the pecuniary conditions upon which this was to be done were in dispute, the jury upon conflicting evidence would have been warranted in finding that the parties entered…

2Cases cited5 opinions

  1. White v. SolomonMassachusetts Supreme Judicial Court · 1895
  2. Bryne v. DoreyMassachusetts Supreme Judicial Court · 1915
  3. Gardner v. DenisonMassachusetts Supreme Judicial Court · 1914
  4. Earle v. AngellMassachusetts Supreme Judicial Court · 1892
  5. Gunther v. GuntherMassachusetts Supreme Judicial Court · 1902

3Cited by6 opinions

  1. Proctor v. Union Coal Co.Massachusetts Supreme Judicial Court · 1923
  2. Boston Plate & Window Glass Co. v. John Bowen Co.Massachusetts Supreme Judicial Court · 1957
  3. Cetrone v. Paul Livoli, Inc.Massachusetts Supreme Judicial Court · 1958
  4. Green v. GreenMassachusetts Supreme Judicial Court · 1937
  5. Sermuks v. Automatic Aluminum Heel Co.Massachusetts Supreme Judicial Court · 1926

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