Lilley v. Adams
Massachusetts Supreme Judicial Court
Conteaot on an account annexed for board furnished by the plaintiff to Waldo Adams, the defendant’s testator. The answer alleged payment, and set up the statute of limitations.
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Conteaot on an account annexed for board furnished by the plaintiff to Waldo Adams, the defendant’s testator. The answer alleged payment, and set up the statute of limitations. At the trial in the superior court, before Dewey, J., the plain tiff introduced evidence tending to show that the board was fur pished as alleged, and the price charged for it was reasonable and testified that he never borrowed any money of Waldc Adams ; that on a certain occasion Waldo Adams “ let him have $300 on account of said board,” but stated to him at the time that Mrs. Adams (the defendant) would be displeased…
1Opinion of the CourtAmes, J.
The delivery of three hundred dollars to the plaintiff by the defendant’s testator was either a payment, or a loan, of that amount. It could not possibly be both at the same time. As the parties saw fit, for reasons satisfactory to them *52selves, to put the transaction in the form of a promissory note, the defendant had a right to treat it. as such, and to enforce it accordingly. But having done so in a suit in her own favor, she cannot be permitted, in another suit between the same parties, in which she is defendant, to take the opposite ground and maintain that although in form a promissory…
2Cases cited2 opinions
- Hooker v. HubbardMassachusetts Supreme Judicial Court · 1869
- Sherer v. CollinsMassachusetts Supreme Judicial Court · 1871
3Cited by9 opinions
- City of Boston v. NielsenMassachusetts Supreme Judicial Court · 1940
- People ex rel. Attorney-General v. StanfordCalifornia Supreme Court · 1888
- City of Sioux City v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1906
- Gordon v. LewitskyMassachusetts Supreme Judicial Court · 1955
- Holman v. UpdikeMassachusetts Supreme Judicial Court · 1911
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