Robbins v. Potter
Massachusetts Supreme Judicial Court
Contract for money paid to the defendant’s use at his request, and for the value of services rendered to him by the plain tiff. In the superior court, after the decision reported 11 Allen, 588, the case was referred to an auditor to state an account, who reported that nothing was due to the plaintiff.
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Contract for money paid to the defendant’s use at his request, and for the value of services rendered to him by the plain tiff. In the superior court, after the decision reported 11 Allen, 588, the case was referred to an auditor to state an account, who reported that nothing was due to the plaintiff. At the trial, before Putnam, J., after this report, the plaintiff abandoned her claim for compensation for services, and offered herself as a witness in support of her claim for money paid. The defendant contended that she was not a competent witness to prove his Dromises of repayment in…
1Opinion of the CourtHoar, J.
1. The instructions given to the jury were in precise conformity with the rules given by this court when the case was before us on a former bill of exceptions, 11 Allen, 588; and the evidence now reported does not differ from that which we had then under consideration to such an extent as to make those instructions any the less appropriate. By an amendment to the pleadings the defendant was permitted to allege in his defence *534that the plaintiff, at the time of the supposed contract, and ever since, was his wife; and it was intimated in the former opinion that this might enable him to rely upon…
2Cited by10 opinions
- Willis v. WillisWyoming Supreme Court · 1935
- Cooper v. CooperMassachusetts Supreme Judicial Court · 1888
- Emmerson v. BotkinSupreme Court of Oklahoma · 1910
- Zytka v. DmochowskiMassachusetts Supreme Judicial Court · 1938
- Dean v. CarruthMassachusetts Supreme Judicial Court · 1871
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