Merrill v. Peaslee
Massachusetts Supreme Judicial Court
Contract upon a promissory note for $5,000, dated October 29, 1875, payable to the order of the plaintiff on demand, and signed by Hiram Peaslee, the defendants’ testator. The answer set up want of consideration. Trial in the Superior Court, before Brigham, C. J., who allowed a bill of exceptions, in substance as follows.
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Contract upon a promissory note for $5,000, dated October 29, 1875, payable to the order of the plaintiff on demand, and signed by Hiram Peaslee, the defendants’ testator. The answer set up want of consideration. Trial in the Superior Court, before Brigham, C. J., who allowed a bill of exceptions, in substance as follows. The plaintiff inti’oduced evidence tending to show that Hiram Peaslee was married to Abby D. Rowe on January 20,1873, and that they lived together as husband and wife until October 13, 1875 ; that at the wedding of his daughter, which occurred at his house on that date, and…
1Opinion of the CourtW. Allen, J.
The note was given to carry out a contract between husband and wife, by which, in consideration that she should live with him as his wife during their joint lives, he was to cause to be paid to her five thousand dollars after his decease, if she survived. The consideration of the note was the agreement, or the performance of the agreement, of the wife to live in marital relations with her husband. It was not to perform some service for him which could be hired, as to keep his house, or to nurse him in sickness, but to give him the fellowship and communion of a wife. This is not a service…
2Cases cited6 opinions
- Adams v. . AdamsNew York Court of Appeals · 1883
- Nichols v. NicholsMassachusetts Supreme Judicial Court · 1884
- Butler v. IvesMassachusetts Supreme Judicial Court · 1885
- Miller v. MillerSupreme Court of Iowa · 1887
- Sterling v. SterlingSupreme Court of Georgia · 1852
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3Cited by15 opinions
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- Fisher v. KoontzSupreme Court of Iowa · 1899
- Polson v. StewartMassachusetts Supreme Judicial Court · 1897
- Terkelsen v. PetersonMassachusetts Supreme Judicial Court · 1914
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