Griggs v. Moors
Massachusetts Supreme Judicial Court
Contract, upon an agreement made by the plaintiff and the defendant on December 1, 1892, which recited that whereas the plaintiff was the holder of a promissory note for the sum of $10,000, made to him by John W. Candler of Brookline, dated February 6,1887, and payable in three years from its date, and held, as security for the payment of the note, a certain mortgage given to Candler by Oramanda H. Drisko and Jacob Pearson, securing their note of $10,000, dated December 15,…
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Contract, upon an agreement made by the plaintiff and the defendant on December 1, 1892, which recited that whereas the plaintiff was the holder of a promissory note for the sum of $10,000, made to him by John W. Candler of Brookline, dated February 6,1887, and payable in three years from its date, and held, as security for the payment of the note, a certain mortgage given to Candler by Oramanda H. Drisko and Jacob Pearson, securing their note of $10,000, dated December 15, 1882, and had brought suit against Candler on his note, which was overdue and unpaid, and attached the property of…
1Opinion of the CourtMorton, J.
The first question is whether the performance of his guaranty by the defendant was dependent on the performance by the plaintiff of his agreement to transfer and assign the security, and we think that it was. Whether stipulations in a contract are dependent, so that neither party can call upon the other to perform unless he is able and willing to perform himself, or whether they are independent, so that the remedy for non-performance is by action only, depends on the sense of the contract as a whole, and the intention of the parties as thus ascertained. Knight v. New England Worsted Co. 2…
2Cases cited3 opinions
- Norrington v. WrightSupreme Court of the United States · 1885
- Wiley v. Inhabitants of AtholMassachusetts Supreme Judicial Court · 1890
- Johnson v. ReedMassachusetts Supreme Judicial Court · 1812
3Cited by11 opinions
- Rosenthal Paper Co. v. National Folding Box & Paper Co.New York Court of Appeals · 1919
- Finlay v. SwirskySupreme Court of Connecticut · 1925
- Sawyer v. CookMassachusetts Supreme Judicial Court · 1905
- Malden Knitting Mills v. United States Rubber Co.Massachusetts Supreme Judicial Court · 1938
- Claim of the First Citizens Bank & Trust Co. v. Estate of ShermanAppellate Division of the Supreme Court of the State of New York · 1937
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