McGuinness v. Kyle
Massachusetts Supreme Judicial Court
Contract against a husband and wife upon a joint and several promissory note for $400. Writ in the Municipal Court of the City of Boston dated September 12,1906. The answer was a general denial and payment.
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Contract against a husband and wife upon a joint and several promissory note for $400. Writ in the Municipal Court of the City of Boston dated September 12,1906. The answer was a general denial and payment. The defendants also filed a declaration in set-off upon an account annexed containing ten items for various services alleged to have been rendered for the plaintiff, the items aggregating $495. The bill of exceptions stated that the set-off was “ for services rendered, mainly by the'defendant Patrick J. Kyle, and partly by the defendant Mary F. Kyle, under the circumstances and agreement…
1Opinion of the CourtLoring, J.
The presiding judge was right in ruling that the declaration in set-off could not be sustained (if for no other reason) because the sums there relied on were not due to the defendants jointly. Barnstable Savings Bank v. Snow, 128 Mass. 512. Walker v. Leighton, 11 Mass. 140.
The defendant Kyle testified “ that at the time the note was given, he told the plaintiff that the pay for the services which he had already rendered for the plaintiff and for the further services which he and his wife should thereafter render for the plaintiff or any persons connected with her in certain court cases, would…
2Cases cited7 opinions
- Johnson & Kettell Co. v. Longley Luncheon Co.Massachusetts Supreme Judicial Court · 1910
- Borden v. SackettMassachusetts Supreme Judicial Court · 1873
- Walker v. LeightonMassachusetts Supreme Judicial Court · 1814
- Breck v. BarneyMassachusetts Supreme Judicial Court · 1903
- Barnstable Savings Bank v. SnowMassachusetts Supreme Judicial Court · 1880
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
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- Graham v. MeddlebyMassachusetts Supreme Judicial Court · 1913
- Bates v. Cosmopolitan Trust Co.Massachusetts Supreme Judicial Court · 1921
- Marr v. HeggieMassachusetts Supreme Judicial Court · 1944
- McNamara v. DoreyMassachusetts Supreme Judicial Court · 1914
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