Bowers v. Hurd
Massachusetts Supreme Judicial Court
This was assumpsit, upon a promissory note for 100 dollars made by Sarah Thompson, the defendant’s intestate, to the plaintiff The cause was tried upon the general issue, before the late chief justice, at the sittings here after the last October term.
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This was assumpsit, upon a promissory note for 100 dollars made by Sarah Thompson, the defendant’s intestate, to the plaintiff The cause was tried upon the general issue, before the late chief justice, at the sittings here after the last October term. The circumstances under which the note was made were stated in the deposition of a Mr. Duncan, of Haverhill, in the county of Essex, who testified that, in June, .1807, Mrs. Thompson, the intestate, belonging to Billerica, in this county, and then being on a visit at the witness’s house, several times expressed a wish to leave certain -egacies…
1Opinion of the CourtParker, J.
The facts disclosed in the report, and the deposition referred to, show a strong claim in equity on the part of the plaintiff. The deceased intended to make a small compensation to her, for a series of kindness and attention, which, although not the foundation of any legal claim against her in her lifetime, formed a good moral consideration for such compensation ; and it was more honorable in her to endeavor to effect this after her decease, than in her representatives to attempt to defeat that intention. She wished to avoid the expense of making and proving a will, having but few friends for…
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