Earle v. Angell
Massachusetts Supreme Judicial Court
■ Contbact, against the executor of Mary Dewitt, to recover five hundred dollars upon an agreement made by the plaintiff with the defendant’s testatrix in her lifetime. At the trial in the Superior Court, before Maynard, J., the plaintiff testified as follows: “ I saw Mrs. Dewitt in the fore part of August, 1883, in Oxford. I went there from Homesburg, a suburb of Philadelphia. That was on Sunday morning, August 11th.
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■ Contbact, against the executor of Mary Dewitt, to recover five hundred dollars upon an agreement made by the plaintiff with the defendant’s testatrix in her lifetime. At the trial in the Superior Court, before Maynard, J., the plaintiff testified as follows: “ I saw Mrs. Dewitt in the fore part of August, 1883, in Oxford. I went there from Homesburg, a suburb of Philadelphia. That was on Sunday morning, August 11th. On Monday, August 12th, I and my aunt went out walking through the garden, soon after breakfast. We returned in after our ramble through the garden, and were seated in the…
1Opinion of the CourtHolmes, J.
There is no difficulty in point of law in the way of a paroi contract to pay a person $500, conditioned upon his attending the promisor’s funeral, and in consideration of his promise to do so. It is well settled that a contract to pay money after one’s own death is valid. Parker v. Coburn, 10 Allen, 82, 83. Phillips v. Blatchford, 137 Mass. 510, 514. Krell v. Codman, 154 Mass. 454. And the other elements of the case are examples of very well known principles. The ruling that the plaintiff could not recover must have gone on the ground that there was no evidence of such a contract as we have…
2Cases cited2 opinions
- Phillips v. BlatchfordMassachusetts Supreme Judicial Court · 1884
- Krell v. CodmanMassachusetts Supreme Judicial Court · 1891
3Cited by10 opinions
- New England Trust Co. v. SpauldingMassachusetts Supreme Judicial Court · 1941
- Dorman, Et Vir. v. Publix-Saenger-Sparks Theatres, Inc.Supreme Court of Florida · 1938
- Charron v. DayMassachusetts Supreme Judicial Court · 1917
- Babcock v. ChaseNew York Supreme Court · 1895
- St. John v. St. JohnMassachusetts Supreme Judicial Court · 1916
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