Martrick v. Linfield

Massachusetts Supreme Judicial Court

Martrick v. Linfield

38 Mass. 325

CourtMassachusetts Supreme Judicial Court

DecidedNovember 2, 1838

StatusPublished

This text of 38 Mass. 325 (Martrick v. Linfield) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Martrick v. Linfield, 38 Mass. 325 (Mass. 1838).

Pincite

Opinion

Per Curiam.

There was sufficient proof of the gift and delivery, to show property in the plaintiff. If this is m any degree controlled by the proof of the daughter’s living with her father and bringing up this cow on pasture and fodder supplied by him, the inference to be drawn from that proof is sufficiently rebutted by the facts, that she contributed the milk of the cow and her own labor, to the general support of the family, which may be taken as a fair compensation for the keeping of the cow.

If fraud had been relied on, it should have been distinctly averred and put in issue.

Judgment on the verdict

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Per Curiam.

There was sufficient proof of the gift and delivery, to show property in the plaintiff. If this is m any degree controlled by the proof of the daughter’s living with her father and bringing up this cow on pasture and fodder supplied by him, the inference to be drawn from that proof is sufficiently rebutted by the facts, that she contributed the milk of the cow and her own labor, to the general support of the family, which may be taken as a fair compensation for the keeping of the cow.

If fraud had been relied on, it should have been distinctly averred and put in issue.

Judgment on the verdict

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Bluebook (online)

38 Mass. 325, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martrick-v-linfield-mass-1838.