Outwaters

The complaint is in two counts. In the first it is alleged “that on November 22, 1911, one Ephraim Sherwin was indebted to the plaintiff in the sum of $1,698 on an account- for services rendered and food, victuals and provisions furnished by Margaret Cutwaters, the plaintiff herein, to said Ephraim Sherwin at his request, and that the entire amount thereof ever since has been and still is due and owing to her; that on May 4, 1911, and while so indebted to plaintiff, said Ephraim Sherwin acknowledged said debt and promised to pay the same in a writing by him then made, signed and delivered to this plaintiff.”

In the second count the corresponding allegation is: “That on May 4, 1911, one Ephriam Sherwin was indebted to Margaret Cutwaters, the plaintiff herein, in an unliquidated amount on an account for services rendered and food, victuals, and provisions furnished by said Margaret Outwaters to said Ephraim Sherwin at his request and that on or about the said day they mutually agreed for and in consideration of the agreements of each other that he would pay to her or cause to be paid to her and she would accept, the sum of $1,698 payable to her upon his death in full satisfaction…