Crosby v. Waters
Crosby v. Waters
Opinion of the Court
Opinion by
The jury found a verdict, under a charge which is not the subject of any assignment of error, for the plaintiff in the
The bond was conditioned : “ That the said E. M. Waters, her executors, etc., shall and do well and sufficiently maintain, support and keep the said Jane E. Crosby'during her natural life with good and sufficient meat, drink, apparel, washing, lodging and attendance in sickness and health, and pay the just and lawful debts, sbe may be now owing.” It recited, that Jane E. Crosby had by deed of even date therewith, granted to said E. M. Waters a certain tract of land, in the county of Erie, Pennsylvania, containing fifty-two acres, and two other pieces of land situated in Yolusia county, Florida, and had also executed a bill of sale and delivered all her personal effects to the said E. M. Waters; in consideration of which the latter had agreed to maintain the said Jane E. Crosby during her natural life and assume her lawful indebtedness. The evidence at the trial disclosed that, in pursuance of an oral agreement previously entered into, the bond in question had been executed on June 11, 1892, and upon the same day the plaintiff executed deeds conveying to the defendant the tract of land in Erie county, Pennsylvania, and the two tracts of land in Florida, and at the same time had executed a bill of sale of all her personal effects, consisting of household furniture and the horses,' cattle, wagons and agricultural implements, upon the farm in Erie county, which had been the home of the plaintiff. There was no dispute as to the debts of Mrs. Crosby which the defendant undertook to pay; their character and amount were understood by the par
The validity of the obligation of the defendant is to be determined under the provisions of the Act of June 3, 1887, P. L. 332. The defendant bought the land and personal property in question for herself, took title in her own name, and herself received the rents, issues and profits, and when she sold it the proceeds were absolutely her own. It is conceded that she had a separate estate, consisting of real and personal property, the moment this contract was executed, but it is contended that she cannot be called itpon to perform her promise to .pay for the land and personal property, for the reason that she had neither lands nor personal property prior to the time this property was conveyed and delivered to her. The act of 1887 has not been thus narrowly construed. “The purpose of the legislature was broad and liberal and must be interpreted in a like spirit. With the exception of such dis
The evidence as to whether there had been a breach of the condition of the bond was conflicting. It was undisputed that the mutual understanding of the parties was that the plaintiff was'to live in the home of the defendant, and it is equally clear that the defendant never offered to provide any other place for her. The plaintiff testified as to the manner in which she was treated by the defendant and the members of her family, and her testimony, if believed, warranted a finding that that treatment was not only such as to humiliate her, but that she was insufficiently fed and clothed. Her testimony, as to the insufficiency of her clothing was tó a slight degree corroborated. This testimony was, on behalf of the defendant, flatly contradicted by a number of witnesses. The testimony was all oral, and the credibility of the witnesses was for the jury. The defendant did not even move the court below for a new trial. The verdict of the jury may have been against the weight of the evidence ; if so, the court was without authority to correct the mistake in disposing of the question of law reserved, for the evidence of the plaintiff standing alone was sufficient to warrant a finding that there had been a breach of the condition of the bond.
The judgment is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.