Ulsch v. Muller
Massachusetts Supreme Judicial Court
Contract upon a promissory note for $100, dated June 21, 1884, payable to the plaintiff one year from date, and signed by the defendant. The answer alleged that the defendant had “ paid the note mentioned in the plaintiff’s writ, except the sum of $61.50, and the interest thereon.”
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Contract upon a promissory note for $100, dated June 21, 1884, payable to the plaintiff one year from date, and signed by the defendant. The answer alleged that the defendant had “ paid the note mentioned in the plaintiff’s writ, except the sum of $61.50, and the interest thereon.” At the trial in the Superior Court, before Aldrich, J., without a jury, the «defendant offered to prove that, in addition to certain cash payments upon the note declared on, he had delivered to the plaintiff a certain number of cords of wood, which, at the time of delivery and afterwards, the plaintiff agreed…
1Opinion of the CourtField, J.
The delivery and acceptance of wood, under an agreement that the price of the wood shall be taken as the payment of money due upon a promissory note, is not, in the technical language of pleading, payment of the note. Originally payment was the performance of a promise to pay money, at the time and in the manner required by the terms of-the contract; but it has been extended to include the delivery of money in satisfaction of a debt, after a default has been made in payment according to the terms of the contract. If wood is delivered and received as a payment of money due on a note, it is *380only…
2Cases cited1 opinion
- Grinnell v. SpinkMassachusetts Supreme Judicial Court · 1879
3Cited by7 opinions
- Hunt v. BrownMassachusetts Supreme Judicial Court · 1888
- Corrigan v. PayneMassachusetts Supreme Judicial Court · 1942
- First Nat. Bank of Tishomingo v. LathamSupreme Court of Oklahoma · 1913
- Marr v. HeggieMassachusetts Supreme Judicial Court · 1944
- Rider v. CulpMissouri Court of Appeals · 1897
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