Manter v. Churchill
Massachusetts Supreme Judicial Court
Conteact upon an account annexed for money paid. Answer, a general denial. Trial in the Superior Court, without a jury, before Brigham, C. J., who allowed a bill of exceptions in substance as follows: Ephraim Churchill, the father of the defendant, died in the fall of 1865, then owner of one quarter part of a schooner, and left a widow, Martha H. Churchill, and four children. In November 1865, Martha H. was appointed administratrix of the estate of Ephraim.
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Conteact upon an account annexed for money paid. Answer, a general denial. Trial in the Superior Court, without a jury, before Brigham, C. J., who allowed a bill of exceptions in substance as follows: Ephraim Churchill, the father of the defendant, died in the fall of 1865, then owner of one quarter part of a schooner, and left a widow, Martha H. Churchill, and four children. In November 1865, Martha H. was appointed administratrix of the estate of Ephraim. The plaintiff became part owner and managing agent of the schooner in 1869, and transacted all the business which related to the interest…
1Opinion of the CourtLord, J.
It is entirely clear that there was no evidence tending to hold the defendant as an original promisor. The only question is whether he was liable to pay the debt of his mother, Martha H. Churchill. His liability for that debt is not denied upon the ground that he did not promise in writing to pay it. The statute of frauds is not pleaded, the plaintiff contends that that defence is not open, because not pleaded, and the Chief Justice of the Superior Court states expressly that his finding for the defendant was not based upon the statute of frauds. He finds that the defendant promised to pay…
2Cited by18 opinions
- Merrimac Chemical Co. v. MooreMassachusetts Supreme Judicial Court · 1932
- Seager v. DraytonMassachusetts Supreme Judicial Court · 1914
- Howe v. TaggartMassachusetts Supreme Judicial Court · 1882
- Bowen v. TiptonCourt of Appeals of Maryland · 1885
- J. H. Queal & Co. v. PetersonSupreme Court of Iowa · 1908
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