Legal Opinion

Brightman v. Buffington

Massachusetts Supreme Judicial Court

Decided November 25, 1903PublishedCited by 2 opinions

Contract, by the executor under the will of Rebecca L. Brightman, against the administrators of the estate of Frank W. Brightman, son of Rebecca, on a promissory note given to the mother by the son. Writ dated August 5, 1902. The answer and declaration in set-off alleged payment of $1,235 as stated by the court.

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Contract, by the executor under the will of Rebecca L. Brightman, against the administrators of the estate of Frank W. Brightman, son of Rebecca, on a promissory note given to the mother by the son. Writ dated August 5, 1902. The answer and declaration in set-off alleged payment of $1,235 as stated by the court. At the trial in the Superior Court before Fox, J., it appeared that Frank W. Brightman was the treasurer of the Stafford Mills in Fall River for a number of years before the time of his death, which occurred on March 1,1901. His mother, Rebecca L. Brightman, died after a long illness…

1Opinion of the CourtBoring, J.

This is an action on a promissory note in the sum of $3,200, made by the defendants’ intestate payable to his mother. The only defence set up was payment for all but $1,987, and the facts relied on in support of this defence were also made the subject of a declaration in set-off. In the declara*403tian in set-off the defendants counted on twenty-three payments of $50 each, for which the defendants produced receipts signed by the mother. These receipts stated in terms or in substance that the money had been received and was to be charged to her account. In addition, the defendants produced…

2Cases cited3 opinions

  1. Damon v. CarrolMassachusetts Supreme Judicial Court · 1895
  2. Boyle v. Columbian Fire Proofing Co.Massachusetts Supreme Judicial Court · 1902
  3. Allen v. FullerMassachusetts Supreme Judicial Court · 1902

3Cited by2 opinions

  1. Rapson v. LeightonMassachusetts Supreme Judicial Court · 1905
  2. Whitcomb v. WhitcombMassachusetts Supreme Judicial Court · 1914

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