George Lawley & Son Corp. v. Buff
Massachusetts Supreme Judicial Court
Contract for $1,028.64 with interest from November 4, 1913, upon an alleged promise of the defendant to pay the amount due on a certain note of the Imperial Machine, Stamping and Welding Company in. monthly payments of $100 each, as stated in the opinion.
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Contract for $1,028.64 with interest from November 4, 1913, upon an alleged promise of the defendant to pay the amount due on a certain note of the Imperial Machine, Stamping and Welding Company in. monthly payments of $100 each, as stated in the opinion. Writ in the Municipal Court of the City of Boston dated February 28, 1916. The defendant’s answer contained a general denial, and also set up the statute of frauds, averring that the alleged agreement was not in writing and that there was no memorandum of it signed by the 'defendant within the requirement of R. L. c. 74, § 1, cl. 2. On…
1Opinion of the CourtPierce, J.
This is an action to charge the defendant on his promise to pay the plaintiff a sum of money due and payable to the plaintiff on a promissory note of the Imperial Machine, Stamping and Welding Company, in consideration of the forbearance of the plaintiff to bring a suit against the maker of the note and the defendant to reach and apply property of the maker of the note in the possession of the defendant, in satisfaction of the plaintiff’s claim on the note. That this was. a promise to answer for the debt of another within R. L. c. 74, § 1, cl. 2, is plain.
There is no evidence that the…
2Cases cited10 opinions
- Corn v. SimsCourt of Appeals of Kentucky · 1860
- Nickerson v. WeldMassachusetts Supreme Judicial Court · 1910
- Lee v. ButlerMassachusetts Supreme Judicial Court · 1897
- Urann v. CoatesMassachusetts Supreme Judicial Court · 1872
- Ames v. FosterMassachusetts Supreme Judicial Court · 1871
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3Cited by21 opinions
- Bresky v. RosenbergMassachusetts Supreme Judicial Court · 1926
- Colpitts v. L. C. Fisher Co.Massachusetts Supreme Judicial Court · 1935
- Fichera v. City of LawrenceMassachusetts Supreme Judicial Court · 1942
- Schmoll Fils & Co. v. WheelerMassachusetts Supreme Judicial Court · 1922
- Kalker v. BailenMassachusetts Supreme Judicial Court · 1935
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