# Peabody v. Brown

> Massachusetts Supreme Judicial Court · November 15, 1857 · 76 Mass. 45

URL: https://www.frixlaw.com/law-library/cases/6411543

## Case

- **Full name:** Joseph F. Peabody v. James Brown, Jr.
- **Court:** Massachusetts Supreme Judicial Court
- **Decided:** November 15, 1857
- **Citations:** 76 Mass. 45
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Shaw
- **Judges:** Shaw
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6411543

## Opinion text

Shaw, C. J.
Where two names are distinguishable, such as George and James, or even where the names are much alike, as Edward and Edwin, both popularly called Ned, still being well known distinct Christian names, it is not competent to go into direct paroi evidence that where Edward was written Edwin was intended. Crawford v. Spencer, 8 Cush. 418 .
But where, taking the name and addition together, the deed fully applies to neither, it falls within the rule of a latent ambiguity.
Here it is “ Hiram Go wing, cordwainer,” and it is shown that the boy Hiram Go wing was only thirteen years old, not at the ordinary age even to commence an apprenticeship; it is in effect a latent ambiguity, and therefore opens the case for paroi evidence.
New trial ordered.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6411543. Public record. Not legal advice.