Gannon v. Ruffin
Massachusetts Supreme Judicial Court
Contract, on an account annexed, against the administratrix of the estate of Emily St. Pierre, to recover four hundred and seventy-six dollars for medical services rendered the intestate. Writ dated August 31, 1887. The defendant filed a declaration in set-off, alleging that the plaintiff had or held in trust for the intestate the sum of eleven hundred dollars, according to a written agreement annexed thereto.
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Contract, on an account annexed, against the administratrix of the estate of Emily St. Pierre, to recover four hundred and seventy-six dollars for medical services rendered the intestate. Writ dated August 31, 1887. The defendant filed a declaration in set-off, alleging that the plaintiff had or held in trust for the intestate the sum of eleven hundred dollars, according to a written agreement annexed thereto. The agreement was as follows : “ Boston, May 1, 1881. This certifies that I have received in trust from Mrs. Emily St. Pierre eleven hundred dollar’s on this date, the same to be…
1Opinion of the CourtHolmes, J.
The question principally argued is whether there was any evidence to sustain the defendant’s declaration in set' off. The defendant put in an instrument purporting to be signed *206by the plaintiff, and acknowledging the receipt of eleven hundred dollars in trust, to he accounted for to the defendant’s intestate. If we assume in favor of the plaintiff, that the judge did not find that the paper was signed by the plaintiff in person, then he found that it was signed by the plaintiff’s daughter, as there is no question that he was warranted in doing. We start with the fact thus established. But not…
2Cases cited1 opinion
- Johnson v. JohnsonMassachusetts Supreme Judicial Court · 1876
3Cited by7 opinions
- Sands v. Old Colony Trust Co.Massachusetts Supreme Judicial Court · 1907
- In re ThurstonMassachusetts Supreme Judicial Court · 1891
- Ryder v. WarrenMassachusetts Supreme Judicial Court · 1936
- Simes v. RockwellMassachusetts Supreme Judicial Court · 1892
- Simmons v. BarnsMassachusetts Supreme Judicial Court · 1928
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