Smith v. Johnson
Massachusetts Supreme Judicial Court
Contract on a judgment for $800 obtained on June 3, 1904, in the Municipal Court of the City of Boston. Writ dated October 22, 1912. In the Superior Court the case was submitted to Dubuque, J., upon an agreed statement of facts.
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Contract on a judgment for $800 obtained on June 3, 1904, in the Municipal Court of the City of Boston. Writ dated October 22, 1912. In the Superior Court the case was submitted to Dubuque, J., upon an agreed statement of facts. Thereby it appeared that on July 15, 1905, the sum of $125 was paid by the defendant “in order to have the judgment discharged,” and the following indorsement was made upon the execution and was signed by the plaintiff’s attorney: "July 15, 1905. Received on the within named execution $125 in full satisfaction and the same is hereby returned to Court, not having been…
1Opinion of the CourtLoring, J.
It was held in Weber v. Couch, 134 Mass. 26, that an agreement (indorsed upon an execution), by which a creditor acknowledged satisfaction of the judgment in consideration of the payment of a smaller sum than the amount due thereon, was invalid.
The defendant has tried to take the case at bar out of that decision by reason of the fact that in addition to paying the smaller sum "in full satisfaction” the defendant in the case at bar "agreed to pay the balance of” the judgment. But in that contention the defendant is met with the same rule of law which was decisive of the case of Weber v. Couch.…
2Cases cited5 opinions
- Perkins v. BangsMassachusetts Supreme Judicial Court · 1910
- Louisville & Oldham Turnpike Road Co. v. BallardCourt of Appeals of Kentucky · 1859
- Weber v. CouchMassachusetts Supreme Judicial Court · 1883
- Greenwood v. CurtisMassachusetts Supreme Judicial Court · 1808
- Maneely v. M'GeeMassachusetts Supreme Judicial Court · 1809
3Cited by9 opinions
- Millett v. TempleMassachusetts Supreme Judicial Court · 1932
- Barnett v. RosenMassachusetts Supreme Judicial Court · 1920
- Lait v. SearsMassachusetts Supreme Judicial Court · 1917
- City Coal Co. of Springfield, Inc. v. NoonanMassachusetts Supreme Judicial Court · 2001
- Cardoza v. LeveroniMassachusetts Supreme Judicial Court · 1919
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