Richardson v. Robbins
Massachusetts Supreme Judicial Court
Contract. The declaration contained two counts. The first count was upon a written guaranty. The second count alleged .hat the plaintiff was the holder of a mortgage and notes of one Evans; that the defendants, in order to secure the payment of certain indebtedness of Evans to them, requested the plaintiff to assent to a sale of the property, upon which he held the mortgage, to one Snow, the latter assuming and agreeing to pay to the defendants Evans’s indebtedness to them;…
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Contract. The declaration contained two counts. The first count was upon a written guaranty. The second count alleged .hat the plaintiff was the holder of a mortgage and notes of one Evans; that the defendants, in order to secure the payment of certain indebtedness of Evans to them, requested the plaintiff to assent to a sale of the property, upon which he held the mortgage, to one Snow, the latter assuming and agreeing to pay to the defendants Evans’s indebtedness to them; that in consideration of such assent, the defendants agreed to pay to the plaintiff ¡.uch portion of the amount of the…
1Opinion of the CourtColt, J.
Upon the facts stated in the second count of the plaintiff’s declaration, the defendants’ promise is within the statute of frauds and must be in writing.
The plaintiff held the overdue notes of Evans secured by a mortgage of personal property. The condition of the mortgage contained a clause forbidding a sale of the property by the mortgagor without the consent of the mortgagee. The defendants requested the plaintiff to consent to a sale from Evans to Snow, subject to the mortgage; the latter agreeing to pay the mortgage to the plaintiff, and the defendants agreeing, on their part, to pay the…
2Cases cited4 opinions
- Ames v. FosterMassachusetts Supreme Judicial Court · 1871
- Furbish v. GoodnowMassachusetts Supreme Judicial Court · 1867
- Brightman v. HicksMassachusetts Supreme Judicial Court · 1871
- Gill v. HerrickMassachusetts Supreme Judicial Court · 1873
3Cited by6 opinions
- Colpitts v. L. C. Fisher Co.Massachusetts Supreme Judicial Court · 1935
- Griffin v. CunninghamMassachusetts Supreme Judicial Court · 1903
- Shouler v. BonanderMichigan Supreme Court · 1890
- Trussell v. ScarlettU.S. Circuit Court for the District of Maryland · 1882
- Stratton v. HillMassachusetts Supreme Judicial Court · 1883
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