Lyons v. Jackson

• Decision Date: 28 February 1919
• Citation: 122 N.E. 304,232 Mass. 275
• Parties: LYONS v. JACKSON et al.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

232 Mass. 275

122 N.E. 304

LYONS

v.JACKSON et al.

Supreme Judicial Court of Massachusetts, Norfolk.

Feb. 28, 1919.

Report from Superior Court, Norfolk County; Wm. F. Dana, Judge.

Action by Walter H. Lyons against Isaac Jackson and another, executors, resulting in directed verdict for defendants. On report to the Supreme Judicial Court. Verdict for defendants to stand.

J. W. & T. F. McAnarney, of Boston, for plaintiff.

Asa P. French and Jonathan W. French, both of Boston, for defendants.

CROSBY, J.

This is an action to recover for board and care furnished to Isabella C. Wales, the mother of the testator, George O. Wales, from December 10, 1904, to January 4, 1913, the date of his death. The case was referred to an auditor who found for the defendants. At the trial in the superior court, at the conclusion of the evidence the presiding judge ruled that the plaintiff was not entitled to recover and ordered a verdict for the defendants, and reported the case to this court. The report contains all the material evidence.

The plaintiff's wife is a sister of the testator and a daughter of Isabella C. Wales. The husband of the latter died in December, 1904.

The plaintiff testified in substance that after the death of the husband of Isabella C. Wales and before the burial of his body, while he (the plaintiff) and George O. Wales were at the Wales house that the latter said to him: ‘Mr. Lyons, are you willing that mother-Mr. Lyons, are you willing that I should bring mother to your home to live?’ To which the plaintiff replied: ‘Yes, sir. When will you bring your mother up to my home? Of course we want to prepare for her arrival.’ And that Mr. Wales replied: ‘In about a week or ten days.’ He further testified that the testator brought his mother to the house on December 10, 1904, and that she had lived there ever since, that ‘he never made any demand upon the testator for any payment of any money on account of the care of the testator's mother,’ and that he never presented any claim therefor until after the son's death.

Although the testator frequently came to the house to see his mother, there is nothing to show that the plaintiff ever had any conversation with him in which claim for board and care of Mrs. Wales was made or referred to. There was evidence that Mr. Wales gave his mother a check for $20 each month during all the time she was at the plaintiff's house up to the time of his death; that the checks were payable to the order of Mrs. Wales, and were indorsed by her and given to her daughter, who delivered them to the plaintiff who indorsed them and collected and retained the proceeds; that a bath room in the plaintiff's house was fifted up for Mrs. Wales at the request of the testator and that he paid the expense connected therewith; tht he often brought meat, fruit, and vegetables to the house which where used by the family; that he furnished his mother with medical attendance when required; and that he sent to her and to the plaintiff's wife presents of money at Christmas time and at other times.

The question is whether there was sufficient evidence to warrant a finding that the testator impliedly agreed to pay the plaintiff for the care and board so furnished. It is plain that ‘the law implies a promise to pay for the reasonable value of benefits received, only when there is no evidence that they were conferred upon other grounds than that of contract.’ Spring v. Hulett, 104 Mass. 591, 592. The record shows that the relations between the testator and the plaintiff and his family were harmonious and friendly during all these years, and that Mrs. Wales, who was 83 years of age when she went to the plaintiff's house to live, was infirm and needed much care and attention, which was given her by her daughter (the plaintiff's wife)...