Wenz v. Wenz
Massachusetts Supreme Judicial Court
Contbact for $2,247.26, consisting of sums of money alleged to have been lent by the plaintiff to the defendant in 1897 and 1898 and interest thereon. Writ dated February 10, 1912. The defendant’s answer contained a general denial and also alleged payment and set up the statute of limitations. The defendant also filed a declaration in set-off for $142.90 on an account annexed with items for board, heat, light and rent.
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Contbact for $2,247.26, consisting of sums of money alleged to have been lent by the plaintiff to the defendant in 1897 and 1898 and interest thereon. Writ dated February 10, 1912. The defendant’s answer contained a general denial and also alleged payment and set up the statute of limitations. The defendant also filed a declaration in set-off for $142.90 on an account annexed with items for board, heat, light and rent. In the Superior Court the case was tried before Lawton, J. It appeared that the plaintiff and the defendant were brothers and were natives of Austria, that the plaintiff was…
1Opinion of the CourtDe Courcy, J.
The verdict in this case is for money lent by the plaintiff to his brother, the defendant, in 1897 and 1898. The exceptions relate to the issues raised by the answers of payment and the statute of limitations.
1. The offer of evidence to show the value of the estate of their father properly was excluded. Even if we disregard the purpose and legal effect of the agreement by which the defendant waived his claim of inheritance, and of the declaration signed by his brothers and sisters acknowledging his equal inheritance rights notwithstanding the waiver, the offer did not purport to show that the…
2Cases cited4 opinions
- Gillingham v. BrownMassachusetts Supreme Judicial Court · 1901
- Custy v. DonlanMassachusetts Supreme Judicial Court · 1893
- Borden v. SackettMassachusetts Supreme Judicial Court · 1873
- Nathan v. LelandMassachusetts Supreme Judicial Court · 1907
3Cited by14 opinions
- Nutter v. MroczkaMassachusetts Supreme Judicial Court · 1939
- Markiewicz v. TotonMassachusetts Supreme Judicial Court · 1935
- Westminster National Bank v. GrausteinMassachusetts Supreme Judicial Court · 1930
- Epstein v. SeigelMassachusetts Supreme Judicial Court · 1985
- Spinney v. FreemanMassachusetts Supreme Judicial Court · 1918
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