Legal Opinion
Comstock v. Livingston
Massachusetts Supreme Judicial Court
Decided January 4, 1912PublishedCited by 38 opinions
1Opinion of the CourtRugg, C. J.
1. This is an. action of contract upon a promissory note. The answer pleaded a release under seal by the payee (the plaintiff’s testatrix) to the maker (the defendant) and a general denial. Thereafter the plaintiff filed a long replication setting up various matters. The substance of it all was that the signature of the payee to the release had been procured by the fraud of the defendant, by an abuse of a relation of trust and confidence which existed between them, by weakness and feebleness of the payee and her inability to withstand the maker’s persuasion, and that the release was executed…
2Cases cited11 opinions
- Nash v. Minnesota Title Insurance & Trust Co.Massachusetts Supreme Judicial Court · 1895
- Commonwealth v. WalkerMassachusetts Supreme Judicial Court · 1871
- Commonwealth v. AlthauseMassachusetts Supreme Judicial Court · 1910
- McCusker v. GeigerMassachusetts Supreme Judicial Court · 1907
- Toole v. CraftsMassachusetts Supreme Judicial Court · 1906
6 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- McLearn v. HillMassachusetts Supreme Judicial Court · 1931
- Broomfield v. KosowMassachusetts Supreme Judicial Court · 1965
- Commonwealth v. KozlowskyMassachusetts Supreme Judicial Court · 1921
- Pybus v. GrassoMassachusetts Supreme Judicial Court · 1945
- Maffei v. Roman Catholic ArchbishopMassachusetts Supreme Judicial Court · 2007
33 more not listed; retrieve them via the Exa API.