Barnaby v. Barnaby
Massachusetts Supreme Judicial Court
This was an action of assumpsit. The declaration contained four counts;—1. On an account annexed. 2. On a promise to pay the plaintiff an annuity of 31 dollars, in consideration of her having released her right of dower in the real estate of her late husband, the father of the defendant. 3. On a like promise, in consideration of her permitting the defendant to enjoy his share of the real estate, being one sixth part, without claiming her dower therein. 4. For use and…
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This was an action of assumpsit. The declaration contained four counts;—1. On an account annexed. 2. On a promise to pay the plaintiff an annuity of 31 dollars, in consideration of her having released her right of dower in the real estate of her late husband, the father of the defendant. 3. On a like promise, in consideration of her permitting the defendant to enjoy his share of the real estate, being one sixth part, without claiming her dower therein. 4. For use and occupation of the same sixth part. At the trial, before Wilde J., the plaintiff offered in evidence the award of arbitrators…
1Opinion of the Court
The opinion of the Court was delivered at April term 1823, at Taunton, by
Parker C. J.
The question is, whether an express promise by the defendant to perform the award of the arbitrators is proved. After the defendant came of age, he in- • closed 10 dollars in a letter to his mother, in part of the annual payment which had become due according to the award. The words of the letter are, “You will find,” &c. [ut ante]. There can be no doubt, that this amounts to a complete recog nition of the award, and a ratification of it. The doubt has been, whether it amounts to an express promise to pay any…
2Cases cited1 opinion
- Irvine's heirs v. CrockettCourt of Appeals of Kentucky · 1816
3Cited by1 opinion
- Gailer v. GrinnelSupreme Court of Vermont · 1828