Forbes v. Douglass
Massachusetts Supreme Judicial Court
Contract, against the administrator of the estate of Alfred W. Wilcox, for breach of an agreement contained in a deed of land in Worcester from the plaintiffs to the intestate. Trial in the Superior Court, before Hopkins, J., who directed the jury to return a verdict for the plaintiffs; and, the defendant having excepted, at his request, reported the case for the determination of this court.
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Contract, against the administrator of the estate of Alfred W. Wilcox, for breach of an agreement contained in a deed of land in Worcester from the plaintiffs to the intestate. Trial in the Superior Court, before Hopkins, J., who directed the jury to return a verdict for the plaintiffs; and, the defendant having excepted, at his request, reported the case for the determination of this court. If the rulings were right, judgment was to be entered on the verdict; otherwise, the case was to be remitted for a new trial. The facts appear in the opinion.
1Opinion of the CourtHolmes, C. J.
This is an action upon a contract made by the defendant’s intestate as one of the elements in a sale and exchange of lands. The defendant set up the insanity of his intestate, and that the transaction was fraudulent. At the trial the plaintiff produced the record of a suit in equity, brought by the heirs of the defendant’s intestate to set aside the bargain, and dismissed, as we assume to have been proved sufficiently, on the ground that insanity and fraud were not made out. The judge admitted the record and ruled that it was an adjudication against the defendant. This ruling was excepted to…
2Cases cited10 opinions
- Stone v. WoodIllinois Supreme Court · 1854
- Bullard v. MoorMassachusetts Supreme Judicial Court · 1893
- Curry v. PeeblesSupreme Court of Alabama · 1887
- Fall v. McMurdyCourt of Appeals of Kentucky · 1860
- Ferguson v. BroomeNew York Surrogate's Court · 1849
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3Cited by7 opinions
- New York Trust Co. v. RileySupreme Court of Delaware · 1940
- Leventhal v. KrinskyMassachusetts Supreme Judicial Court · 1950
- Madden v. MaddenMassachusetts Supreme Judicial Court · 1932
- Brown v. BrownMassachusetts Supreme Judicial Court · 1911
- Goff v. MacDonaldMassachusetts Supreme Judicial Court · 1955
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