Gardner v. Denison
Massachusetts Supreme Judicial Court
Contract, against the executor of the will of Edward Gerrish, late of Cambridge, for $10,000, the declaration containing three counts as follows: “Count 1. And the plaintiff says that on or about the 23d day of January, 1901, the defendant’s testator, Edward Gerrish, made a promise to Joseph A. Gardner, father, and agent of, and acting for the plaintiff, that if the plaintiff, who was then an infant, should receive and bear the name of ‘Edward Gerrish,’ after the name of the…
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Contract, against the executor of the will of Edward Gerrish, late of Cambridge, for $10,000, the declaration containing three counts as follows: “Count 1. And the plaintiff says that on or about the 23d day of January, 1901, the defendant’s testator, Edward Gerrish, made a promise to Joseph A. Gardner, father, and agent of, and acting for the plaintiff, that if the plaintiff, who was then an infant, should receive and bear the name of ‘Edward Gerrish,’ after the name of the said testator, he, the said Gerrish, now deceased, would pay over and deliver to the plaintiff the sum of ten thousand…
1Opinion of the CourtRugg, C. J.
The facts upon which the plaintiff seeks to recover are these: His father, who was on friendly terms with the defendant’s testator, Edward Gerrish, told the latter, in November, 1900, that the birth of a child was expected in his family. Gerrish, after several interviews, promised that if a boy should be born and named for him, Edward Gerrish Gardner, he would make some provision for the child. When the child was born, on January 1, 1901, he was named for the defendant’s testator. On January 23, 1901, the plaintiff’s father, at the request of Gerrish, wrote at the latter’s dictation the…
2Cases cited5 opinions
- Felton v. DickinsonMassachusetts Supreme Judicial Court · 1813
- Way v. GreerMassachusetts Supreme Judicial Court · 1907
- Marston v. BigelowMassachusetts Supreme Judicial Court · 1889
- Willett v. SmithMassachusetts Supreme Judicial Court · 1913
- Eaton v. LibbeyMassachusetts Supreme Judicial Court · 1896
3Cited by17 opinions
- Seaver v. . RansomNew York Court of Appeals · 1918
- Downey v. Union Trust Co.Massachusetts Supreme Judicial Court · 1942
- Schumm v. BergCalifornia Supreme Court · 1951
- Bassett v. American Baptist Publication SocietyMichigan Supreme Court · 1921
- Witherington v. EldredgeMassachusetts Supreme Judicial Court · 1928
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