Webb v. Stuart
Supreme Judicial Court of Maine
ON Report. Assumpsit on an account annexed for merchandise, sold and delivered Nov. 18, 1868. The sale and delivery admitted. In defense, the defendant offered an unsealed, written agreement, executed on Feb. 15, 1869, by the plaintiffs and five other creditors of the defendant. The tenor of the agreement was as follows: “ We* the undersigned, agree to take fifty per cent of the amount due us in full, for account against D. M. Stuart.”
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ON Report. Assumpsit on an account annexed for merchandise, sold and delivered Nov. 18, 1868. The sale and delivery admitted. In defense, the defendant offered an unsealed, written agreement, executed on Feb. 15, 1869, by the plaintiffs and five other creditors of the defendant. The tenor of the agreement was as follows: “ We* the undersigned, agree to take fifty per cent of the amount due us in full, for account against D. M. Stuart.” It appeared that a few days before the date of the writ, a draft of M. Young for fifty per cent of the account in suit, was presented to the plaintiffs, and a…
1Opinion of the CourtKent, J.
It is admitted that the goods sued for, were sold and delivered to the defendant by the plaintiffs, at the price named. In defense the defendant offers a paper, not under seal, signed by the plaintiffs and five other creditors of defendant, of which the following is a copy : “We the undersigned agree to take fifty per cent of the amount due us in full, for account against D. M. Stuart, Ells-worth.” It is agreed that this paper was signed by the plaintiffs, before the commencement of this suit. The defendant is willing to be defaulted for fifty per cent of the debt. The plaintiffs claim…
2Cases cited2 opinions
- White v. JordanSupreme Judicial Court of Maine · 1847
- Bailey v. DaySupreme Judicial Court of Maine · 1846