Robertson v. Rowell
Massachusetts Supreme Judicial Court
Bill in equity, seeking to hold Elizabeth B. Rowell, a married woman, upon three promissory notes signed by her husband, payable to her order, and bearing her name upon the back under the words, “ I hereby charge my separate estate with the amount of this note,” and to reach and apply in payment thereof thé income of a trust fund held for her benefit.
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Bill in equity, seeking to hold Elizabeth B. Rowell, a married woman, upon three promissory notes signed by her husband, payable to her order, and bearing her name upon the back under the words, “ I hereby charge my separate estate with the amount of this note,” and to reach and apply in payment thereof thé income of a trust fund held for her benefit. Hearing before Allen, J., who ordered a decree for the defendant, dismissing the bill upon the ground that there was no consideration for the undertaking of the defendant Rowell, and reported the case for the consideration of the full court.
1Opinion of the CourtKnowlton, J.
The only question reserved by this report is whether the bill should be dismissed on the ground that the notes, as against the defendant Elizabeth B. Rowell, were without consideration. A written agreement was made between the plaintiff Robertson and William B. Rowell, the husband of the female defendant, referring to the notes set out in the bill, and providing that, if paid to the said Robertson, they should be a settlement in full of all claims between the parties up to that date; but if any of them should not be paid, the account should stand as stated in the ledger of Robertson. The…
2Cases cited3 opinions
- Ellis v. ClarkMassachusetts Supreme Judicial Court · 1872
- Rogers v. Union Stone Co.Massachusetts Supreme Judicial Court · 1881
- Pratt v. HeddenMassachusetts Supreme Judicial Court · 1876
3Cited by5 opinions
- Exchange Realty Co. v. BinesMassachusetts Supreme Judicial Court · 1939
- Leonard v. WoodwardMassachusetts Supreme Judicial Court · 1940
- Diebold Safe & Lock Co. v. MorseMassachusetts Supreme Judicial Court · 1917
- Sullivan v. McEttrickMassachusetts Supreme Judicial Court · 1924
- Mellen v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1903