Gerry v. Howe
Massachusetts Supreme Judicial Court
Contract, brought for the benefit of Eliza F. Sweetser against the executor of the will of Minerva H. Gerry, to recover $100, alleged to have been given to the plaintiff by the "testatrix in her lifetime for the use of Eliza.
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Contract, brought for the benefit of Eliza F. Sweetser against the executor of the will of Minerva H. Gerry, to recover $100, alleged to have been given to the plaintiff by the "testatrix in her lifetime for the use of Eliza. Trial in the Superior Court, before Pitman, J., who reported the case for the determination of this court in substance as follows: The plaintiff offered to prove that she and Eliza were sisters; that, a few days before the transaction in question, Minerva gave an order for $300, signed by her, which was presented to the defendant, who had charge of the funds standing in…
1Opinion of the CourtLord, J.
An intent to give is not a gift; nor is an executory agreement or promise without consideration a gift. We have nothing to do with the propriety or impropriety of the defendant’s action in reference to the request to appropriate money to the benefit of the plaintiff. It is to be presumed, in this as in all cases where nothing to the contrary appears, that every person acts properly and reasonably; and there would be danger of doing injustice if the court should undertake to decide whether conduct, not involved in the issue to be decided, should be re" garded judicious or not. Whatever motives…
2Cited by9 opinions
- Farmers' Loan & Trust Co. v. WinthropNew York Court of Appeals · 1924
- Pullen v. Placer Country BankCalifornia Supreme Court · 1902
- Thresher v. DyerSupreme Court of Connecticut · 1897
- Burrows v. BurrowsMassachusetts Supreme Judicial Court · 1922
- Kobrosky v. CrystalMassachusetts Supreme Judicial Court · 1955
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