Maynard v. Maynard

• Citation: 105 Me. 567,75 A. 299
• Parties: MAYNARD v. MAYNARD et al.
• Decision Date: 04 September 1909
• Court: Supreme Judicial Court of Maine (US)

75 A. 299

105 Me. 567

MAYNARD

v. MAYNARD et al.

Supreme Judicial Court of Maine.

Sept. 4, 1909.

Report from Supreme Judicial Court, Washington County.

Action by Emery H. Maynard against Lauretta Maynard and others. After the evidence had been taken out and a statement of facts filed, the case was reported to the law court for determination. Judgment for defendants.

Assumpsit. The declaration is as follows: "In a plea of the case, for that the said defendant, at said Machias, on the 28th day of December, A. D. 1907, for value received of the plaintiff, drew her order in writing under her hand of that date, directed to George F. Carey and Deola C. Getchell, trustees, therein and thereby requesting the said trustees to pay to the plaintiff, or his order, the sum of eight hundred and eight dollars and thirty-four cents, and charge the same to her account; and the plaintiff on the date of this writ, presented the said order to the said trustees for their acceptance and payment, which the said trustees then and there refused to do, of which the said defendant then and there had due notice, and was requested to pay the same, whereby she became liable, and in consideration thereof promised the plaintiff to pay him that sum on demand."

Plea, the general issue as follows: "And now the defendant, by her guardian, Phineas H. Longfellow, comes and defends, etc., when, etc., and for plea says she never promised the plaintiff in manner and form as the plaintiff in his writ and declaration has declared against her, and of this puts herself on the country." Also brief statement as follows: 'And for brief statement defendant further says: That at the time at which the alleged promise was made she was insane, and mentally incapable of making the contract set out in plaintiff's writ.

"That at the time of the alleged contract, she was suffering from mental weakness and infirmity to such a degree that she did not understand the nature and effect of such alleged contract, and that her signature to the order declared on was obtained by fraud." The plaintiff is the son of the defendant.

The order given by the defendant to the plaintiff, is as follows:

"Machias, Dec. 28, 1907.

"Geo. F. Carey,

"Deola C. Getchell, Trustees.

"Please pay from my interest and Income account to the order of Emery H. Maynard the sum of eight hundred and eight dollars and thirty-four cents, and charge same to my account. Lauretta Maynard,

"Legatee under Will John F. Harmon."

After the evidence had been taken out at the trial of the action and a certain agreed statement of facts had been filed, the case was reported to the law court for determination.

The case is stated in the opinion.

Argued before WHITEHOUSE, SAVAGE, PEABODY, SPEAR, CORNISH, and KING, JJ.

E. N. Benson and A. D. McFaul, for plaintiff.

C. B. & E. C. Donworth, for defendants.

WHITEHOUSE, J. This is an action against the drawer of an order for the sum of $808.34. The plaintiff is the son of the principal defendant, and the alleged trustees, Carey and Getchell, were constituted trustees by virtue of a trust deed from one John F. Harmon, by the terms of which personal property of the face value of $42,000 was assigned to the said Carey and Getchell, upon the condition and stipulation among others that they should pay to the defendant "so much of said annual Income as t...