Wheeler v. Young
Massachusetts Supreme Judicial Court
Contract for money paid. Writ dated November 18, 1884. The answer, among other defences, set up the statute of limitations.
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Contract for money paid. Writ dated November 18, 1884. The answer, among other defences, set up the statute of limitations. At the trial in the Superior Court, before Aldrich, J., without a jury, there was evidence on the part of the plaintiff tending to show that, at the request of the defendant and for his use, namely, to pay a debt due from him to one Morse, the defendant’s wife borrowed of Dolly Bond, in March, 1877, the sum of $175, and gave her therefor a promissory note signed by herself, and by the plaintiff as accommodation maker; that the money so borrowed was applied in payment of…
1Opinion of the CourtGardner, J.
The fair meaning of the bill of exceptions is this: the defendant requested his wife to borrow of Dolly Bond a certain amount of money to pay his debt, and to give her therefor a promissory note jointly signed by the wife and by the plaintiff. This was done, and the money was received and applied to the payment of the defendant’s debt. In borrowing the money, in giving the note, and in paying the debt, the wife was the defendant’s duly authorized agent. Through his agent, the defendant requested the plaintiff to assume a legal obligation. When one pays money under a legal obligation, assumed…
2Cases cited2 opinions
- Augustus v. SeaboltCourt of Appeals of Kentucky · 1860
- Thayer v. DanielsMassachusetts Supreme Judicial Court · 1872
3Cited by6 opinions
- Wodnik v. Luna Park Amusement Co.Washington Supreme Court · 1912
- Grygiel v. MarcilleSupreme Court of Rhode Island · 1930
- Northwest Adjustment Co. v. PayneOregon Supreme Court · 1943
- In re Boston Confectionery Co.District Court, D. Massachusetts · 1922
- Aldorasi v. FioreMassachusetts District Court, Appellate Division · 1942
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