Andrews v. Frye
Massachusetts Supreme Judicial Court
Contract on an agreement made by the defendants October 11,1866, with the plaintiffs, to assume and pay certain demands against them.
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Contract on an agreement made by the defendants October 11,1866, with the plaintiffs, to assume and pay certain demands against them. Writ dated September 4, 1868. At the trial in the superior court, before Putnam, J., the plaintiffs introduced evidence tending to show that among said demands was a promissory note against them, held by Pecker & Company; that the holders had frequently called on them, before this suit was begun, to pay the note ; and that they had paid it on the day of the trial. The defendants introduced evidence tending to show that Pecker & Company never called upon them to…
1Opinion of the CourtGray, J.
The agreement of the defendants was absolute and unconditional, to assume and pay certain demands against the plaintiffs, one of which was the claim .of Pecker & Com pony, which there was no evidence to prove illegal, and which the defendants had omitted for nearly two years to pay. No demand was necessary before suing them for this breach of their agreement.
The consideration of the agreement was a sale, in the state of Maine, of the plaintiffs’ stock in trade as druggists, consisting of drugs and medicines and spirituous and intoxicating liquors. If any part of the consideration was liquors…
2Cases cited1 opinion
- Pratt v. LangdonMassachusetts Supreme Judicial Court · 1867
3Cited by26 opinions
- Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1895
- Harding v. American Glucose Co.Illinois Supreme Court · 1899
- Fross v. WottonCalifornia Supreme Court · 1935
- Phillips v. ChaseMassachusetts Supreme Judicial Court · 1909
- Commonwealth v. RiesMassachusetts Supreme Judicial Court · 1958
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