Massachusetts General Hospital v. Fairbanks
Massachusetts Supreme Judicial Court
Contract on an account annexed for board and other supplies furnished the defendant at the McLean Asylum for the insane at Somerville, from October 1, 1872, to August 25, 1873. The writ, dated December 19, 1876, alleged that the defendant was an insane person, and that Edward A. Caswell was her guardian.
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Contract on an account annexed for board and other supplies furnished the defendant at the McLean Asylum for the insane at Somerville, from October 1, 1872, to August 25, 1873. The writ, dated December 19, 1876, alleged that the defendant was an insane person, and that Edward A. Caswell was her guardian. Service was made upon Caswell, who appeared and filed an answer, alleging that before October 1, 1872, the defendant was insane, and has since continued to be so; that about October 15, 1869, the plaintiff made an agreement with William H. Towne and Isaac H. Wright for the defendant’s board…
1Opinion of the CourtDevens, J.
When this case was last before the court it appeared that, contemporaneously with the admission of the defendant into the asylum, an agreement was made with Towne and Wright for her board; and, the board having been furnished under that agreement, it was held that, as its terms admitted of only the construction that it was absolute in its character, no contract could be implied on the part of the defendant to pay for it. Mass. General Hospital v. Fairbanks, 129 Mass. 78.
Assuming the evidence offered to be competent, it is now shown that the contract made with Towne and Wright, although *420bearing…
2Cases cited2 opinions
- Forster v. FullerMassachusetts Supreme Judicial Court · 1809
- Massachusetts General Hospital v. FairbanksMassachusetts Supreme Judicial Court · 1880
3Cited by5 opinions
- Lothrop v. DuffieldMichigan Supreme Court · 1903
- Denholm v. McKayMassachusetts Supreme Judicial Court · 1889
- Shepard v. HansonNorth Dakota Supreme Court · 1900
- Peabody v. NorthMassachusetts Supreme Judicial Court · 1894
- Wirth v. WirthMassachusetts Supreme Judicial Court · 1903