Warren v. Durfee
Massachusetts Supreme Judicial Court
Contract on the following instrument, declared on as a promissory note, signed by-the defendants’ intestate, James F, Westgate: “$15,000. Fall River, December 11, 1875. Onde mand after date I promise to pay to the order of Lydia B. Warren fifteen thousand dollars, value received, payable after death.”
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Contract on the following instrument, declared on as a promissory note, signed by-the defendants’ intestate, James F, Westgate: “$15,000. Fall River, December 11, 1875. Onde mand after date I promise to pay to the order of Lydia B. Warren fifteen thousand dollars, value received, payable after death.” Writ dated May 16, 1877. Trial in this court, before Colt, J., who reported the case for tho consideration of the full court, in substance as follows: The plaintiff and Westgate were acquainted for many years before his death; and, in June 1874, they were engaged to be married. From that time…
1Opinion of the CourtSoule, J.
The plaintiff seeks to recover on the instrument declared on, as on a promissory note given in payment for services rendered and in consideration of the promise of a speedy marriage; and, failing that, to recover the value of the services rendered, which she contends entered into the consideration of the instrument. The defendants contend that the instrument is not a promissory note, because it was not delivered to take effect during the lifetime of the signer; and that it is invalid for want of consideration, and because it was intended as a testamentary disposition of property by the…
2Cases cited2 opinions
- Worth v. . CaseNew York Court of Appeals · 1870
- Dean v. CarruthMassachusetts Supreme Judicial Court · 1871
3Cited by3 opinions
- Krell v. CodmanMassachusetts Supreme Judicial Court · 1891
- Conners Bros. v. SullivanMassachusetts Supreme Judicial Court · 1915
- Emery v. CloughSupreme Court of New Hampshire · 1885