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81 Mass. 94

Fowle v. Tidd

Massachusetts Supreme Judicial Court

Decided January 15, 1860

Massachusetts Supreme Judicial Court · decided 1860-01-15

Action of contract by a married woman, without joining her husband, against the administrator of Josiah Richardson, to recover for services rendered to Richardson from the 24th of January, when the St. of 1855, c. 304, took effect, to the time of his death in November 1855.

Decided 1860-01-15

Dewey, J.

¶1The deeds introduced in evidence were competent, as having some tendency to show the relations between the parties, and to sustain the plaintiff’s claim that the services *95were rendered by her on her sole and separate account, and that it was so understood by the defendant. If any doubts exist on this point, the deeds could only be considered as wholly immaterial, and furnishing no ground for setting aside the verdict.

¶2By the provision of the St. of 1855, c. 304, § 7, the plaintiff was .entitled to maintain an action for her labor and services performed on her own sole and separate account.

¶3The husband of the plaintiff was made a competent witness by force of the St. of 1857, c. 305, § 1.

¶4Exceptions overruled.

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