APPEAL OF CLARK
19 A. 332 (Conn. 1889)
NATURE OF THE CASE: Charles, appellant, sought review of a decision, which disallowed his
claim against appellee estate.
FACTS: Sheldon Clark boarded with the Charles B. Clark family on various occasions.
Charles was a second cousin of Sheldon, and was quite poor. On occasion, Sheldon paid
Charles three dollars per week. On other occasions, Sheldon allowed Charles to use his oxen.
Accounts were kept by Sheldon and Charles, in which Charles was credited with the board, and
charged with the use of the oxen, which he sometimes used. Charles's wife was kind, and on
several occasions did Sheldon favors, such as mending or washing articles of clothing. She
cared for him when he had a hemorrhage which also caused some injury to the bed and carpet.
Charles would take care of the cattle for him, or do some small chores about his place. No
charge was made but Sheldon appreciated them, and on several occasions said to Charles and
his wife that they should have their pay for what favors they were doing him. Sheldon, being
ill of the disease came to the house of Charles and said to Mr. and Mrs. Clark that he
wished them to draw a note for seven hundred dollars, which he desired them to have for what
they had done for him. Sheldon said he wanted the note back if he got well because he would
still pay Charles. Charles presented the note to the estate It was disallowed. By will he
gave to Charles B. Clark one sixth of the residue of his estate, after having devised his
real estate to other relatives. The court ruled that the note was invalid for lack of
consideration. Charles appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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