Appeal Of Clark

19 A. 332 (Conn. 1889)

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Nature of the Case

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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.