Morrissey v. Mulhern
| Decision Date | 22 May 1897 |
| Citation | 47 N.E. 407,168 Mass. 412 |
| Parties | MORRISSEY v. MULHERN. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
This was an action of contract brought against the defendant by the plaintiff to recover for the funeral expenses of Catherine J. Morrissey, wife of the plaintiff paid by him. It was agreed at the trial: That Catherine J Morrissey was the wife of the plaintiff, James D. Morrissey and that she died October 14, 1893, while living apart from her husband, the said James D. Morrissey, and that she had been living apart from him for two weeks previous to her death. That she made her will on October 2, 1893, while apart from him, in which, after providing for the payment of her debts and funeral expenses, she left her husband what he would have been entitled to had no will ever been made. She left the balance of her property to her five minor children. That upon the same day of her death her husband went to one Doyle, an undertaker, and ordered the funeral. That the expenses of said funeral were $200. That James D. Morrissey was sued by said Doyle for said $200 and interest, and said James D. Morrissey defended said action, and judgment was rendered for Doyle for the sum of $215.40 in said superior court, and execution issued thereon. That said Morrissey paid said execution before the bringing of this action. That at the time his wife left him she was out of her mind. That said Morrissey visited her while apart from him, and also on the day of her death. It was agreed that a reasonable amount for the funeral expenses was $224.97; that the executor had funds belonging to the wife's estate in his hands sufficient to pay the same; that the deceased died October 14, 1893; that her will was probated January 11, 1894; that defendant was appointed executor January 11, 1894, and filed a bond January 18, 1894, and that this action was commenced January 18 1896; that James D. Morrissey told the undertaker to charge it to him; that James D. Morrissey had, and knew he had sufficient of his own property to pay said funeral expenses when he ordered the funeral. The plaintiff testified that he went back to the undertaker within 20 minutes after he ordered the funeral as aforesaid, and told the undertaker to charge nothing to him, and that he so testified in the action of Doyle against Morrissey aforesaid. There was no other material testimony. Upon the above agreed facts and testimony the court directed a verdict...
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