Way v. Greer
Massachusetts Supreme Judicial Court
Contract upon an agreement in writing which is printed below. Writ in the Municipal Court of the City of Boston dated January 30, 1904. The contract declared on was as follows: “ In consideration of one dollar and other valuable consideration hereinafter named, I, Lawrin Greer, of Boston, agree to pay to William T. Way two hundred and fifty dollars cash, upon the following conditions: “ Whereas, Alfred M. Day is now under bond in the Criminal Court for the sum of eight…
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Contract upon an agreement in writing which is printed below. Writ in the Municipal Court of the City of Boston dated January 30, 1904. The contract declared on was as follows: “ In consideration of one dollar and other valuable consideration hereinafter named, I, Lawrin Greer, of Boston, agree to pay to William T. Way two hundred and fifty dollars cash, upon the following conditions: “ Whereas, Alfred M. Day is now under bond in the Criminal Court for the sum of eight hundred dollars, and the said Greer is surety on said bond or has a deposit of eight hundred dollars as surety ; now when…
1Opinion of the CourtRugg, J.
The agreement signed by the defendant, upon which this action is brought, is not under seal, and expresses the consideration in the conventional phrase, “ one dollar and other valuable consideration.” The words, “ hereinafter named ” come immediately after, but they are surplusage, as no further consideration is stated, although there follows a statement of the condition, upon the happening of which the money shall become payable. This is a definition of the time when the money shall become due and payable, rather than an amplification of the consideration. For aught that appears upon the…
2Cases cited23 opinions
- Stoops v. SmithMassachusetts Supreme Judicial Court · 1868
- Wilson v. PowersMassachusetts Supreme Judicial Court · 1881
- Snow v. AlleyMassachusetts Supreme Judicial Court · 1892
- Bishop v. PalmerMassachusetts Supreme Judicial Court · 1888
- Bradford v. ManlyMassachusetts Supreme Judicial Court · 1816
18 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Rizzo v. CunninghamMassachusetts Supreme Judicial Court · 1939
- Atwood v. City of BostonMassachusetts Supreme Judicial Court · 1941
- Jennings v. PufferMassachusetts Supreme Judicial Court · 1909
- Dieckman v. WalserSupreme Court of New Jersey · 1933
- Barnett v. RosenMassachusetts Supreme Judicial Court · 1920
25 more not listed; retrieve them via the Exa API.