Clark v. Abbott
Supreme Court of Minnesota
Appeal by plaintiff, Thomas L. Clark, from an order of the District Court of Hennepin County, William Lochren, J., made December 30, 1892, granting defendant’s motion for a new trial. The defendant, Seth Abbott, on September 20, 1883, sold and conveyed to plaintiff with warranty lots seventeen (17) and eighteen (18) in block four (4) in his Addition to Minneapolis, for $500, and also covenanted that they were free from incumbrance.
Read the full summary
Appeal by plaintiff, Thomas L. Clark, from an order of the District Court of Hennepin County, William Lochren, J., made December 30, 1892, granting defendant’s motion for a new trial. The defendant, Seth Abbott, on September 20, 1883, sold and conveyed to plaintiff with warranty lots seventeen (17) and eighteen (18) in block four (4) in his Addition to Minneapolis, for $500, and also covenanted that they were free from incumbrance. There was in fact a mortgage on them to Dennis L. Peck for a large amount. It was afterwards foreclosed, and the lots sold in November, 1884, and never redeemed.…
1Opinion of the CourtCollins, J.
It is well settled that where the amount of a debt
is undisputed the receipt of a less sum from the debtor than the whole, upon an agreement to discharge the entire indebtedness, is not a satisfaction, and that such an agreement is nonenforceable. There is no consideration, it is said, for the relinquishment of a part of the debt, and hence an agreement so to do is nudum pactum. But the principles which can be applied in such cases have no application in the case now before us. The respondent, Abbott, owed the debt in question. Wetherell was under no moral or legal obligation to pay any…
2Cases cited8 opinions
- Landrum v. Trowbridge, Dwight & Co.Court of Appeals of Kentucky · 1859
- New-York State Bank v. FletcherNew York Supreme Court · 1830
- Laboyteaux v. SwigartIndiana Supreme Court · 1885
- Schroeder v. LahrmanSupreme Court of Minnesota · 1879
- Mason v. CampbellSupreme Court of Minnesota · 1880
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Continental National Bank of Chicago v. McGeochWisconsin Supreme Court · 1896
- Freeman v. FehrSupreme Court of Minnesota · 1916
- Smoot v. CheckettsUtah Supreme Court · 1912
- F. I. Somers & Sons, Inc. v. LeClercSupreme Court of Vermont · 1939
- Marshall v. BullardSupreme Court of Iowa · 1901
6 more not listed; retrieve them via the Exa API.