Easton v. Easton
Massachusetts Supreme Judicial Court
CONTBACT upon a promissory note for $500, signed by the defendant and made payable to the plaintiff or order, upon which was indorsed a payment of $50. At the trial in the Superior Court, before Dewey, J., the defendant’s deposition was put into the case, in which he testified that the note was without consideration; that there was no agreement between him and the plaintiff by which he was to receive anything, directly or indirectly, as a consideration for it; that he did…
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CONTBACT upon a promissory note for $500, signed by the defendant and made payable to the plaintiff or order, upon which was indorsed a payment of $50. At the trial in the Superior Court, before Dewey, J., the defendant’s deposition was put into the case, in which he testified that the note was without consideration; that there was no agreement between him and the plaintiff by which he was to receive anything, directly or indirectly, as a consideration for it; that he did not owe her or her deceased husband’s estate anything at the time it was given; that she had never made any claim against…
1Opinion of the CourtMorton, J.
The ground taken by the defendant, that the note in suit was a gift from him to the plaintiff, is conclusively settled against him by the verdict of the jury, under instructions which upon that point were sufficiently favorable to him. It must be assumed that the jury found that the note was given upon a consideration, which, under the instructions given them, they regarded as sufficient to support a promise, and the question is as to the correctness of these instructions.
It appeared that the plaintiff, her husband and her child lived for thirteen years with the defendant, in his house, as…
2Cited by6 opinions
- Prout v. Inhabitants of the Fire District in PittsfieldMassachusetts Supreme Judicial Court · 1891
- Treat v. PriceNebraska Supreme Court · 1896
- Dunbar v. DunbarMassachusetts Supreme Judicial Court · 1901
- Higgins v. Gilchrist Co.Massachusetts Supreme Judicial Court · 1938
- Goltra v. PenlandOregon Supreme Court · 1902
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