Walker v. Mayo
Massachusetts Supreme Judicial Court
Contract, in two counts. Tbe first count was upon an account annexed for work and materials, and tbe second count was upon a promissory note. The case was submitted to tbe Superior Court, and, after judgment for the plaintiffs, to this court, on appeal, upon agreed facts, in substance as follows: On April 15, 1879, the defendant was indebted to the plaintiffs in the sum of $882.56, the amount and debt intended to be covered by tbe first count .of the declaration.
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Contract, in two counts. Tbe first count was upon an account annexed for work and materials, and tbe second count was upon a promissory note. The case was submitted to tbe Superior Court, and, after judgment for the plaintiffs, to this court, on appeal, upon agreed facts, in substance as follows: On April 15, 1879, the defendant was indebted to the plaintiffs in the sum of $882.56, the amount and debt intended to be covered by tbe first count .of the declaration. The defendant was then in embarrassed circumstances, and was endeavoring to make a compromise with his creditors at twenty cents on…
1Opinion of the CourtC. Allen, J.
The agreement of compromise is no bar to the plaintiffs’ action, there being an express stipulation that it should not be binding unless signed by all the unsecured creditors. Turner v. Comer, 6 Gray, 530. There was nothing to show a waiver by the plaintiffs of this stipulation; and the defendant therefore acquired no rights under it. The plaintiffs did not agree to accept twenty per cent in full, unless all the unsecured creditors should sign the agreement; which they did not do. The plaintiffs’ conditional agreement to accept this percentage in full is therefore to be disregarded. In this…
2Cases cited3 opinions
- Johnson v. JohnsonMassachusetts Supreme Judicial Court · 1814
- Huckins v. HuntMassachusetts Supreme Judicial Court · 1885
- Fay v. FayMassachusetts Supreme Judicial Court · 1877
3Cited by9 opinions
- Commerce Bank & Trust Co. v. HayeckMassachusetts Appeals Court · 1999
- National Granite Bank v. TyndaleMassachusetts Supreme Judicial Court · 1900
- Jeffrey v. RosenfeldMassachusetts Supreme Judicial Court · 1901
- Bass v. Inhabitants of WellesleyMassachusetts Supreme Judicial Court · 1906
- Clark v. YoungMassachusetts Supreme Judicial Court · 1918
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