Warren v. Hodge
Massachusetts Supreme Judicial Court
Contract to recover $184, for work and labor. Writ dated April 12,1875. At the trial in the Superior Court, before Putnam, J., the defendant contended that the action was prematurely brought, and introduced evidence that, on or about March 17, 1875, being about two months after the plaintiff had left his employ, and after the time when the amount was due, the plaintiff called at his office and demanded the amount due him, and said that, if the defendant would give him $25 on…
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Contract to recover $184, for work and labor. Writ dated April 12,1875. At the trial in the Superior Court, before Putnam, J., the defendant contended that the action was prematurely brought, and introduced evidence that, on or about March 17, 1875, being about two months after the plaintiff had left his employ, and after the time when the amount was due, the plaintiff called at his office and demanded the amount due him, and said that, if the defendant would give him $25 on account, he would wait until May 1, for the balance, and he thereupon paid him $25 on account, and the plaintiff then…
1Opinion of the Court
By the Court.
It is too well settled to require discussion or reference to authorities, that an agreement to forbear to sue upon a debt already due and payable, for no other consideration than the payment of part of the debt, is without legal consideration, and cannot be availed of by the debtor, either by way of contract or of estoppel.
Of the cases cited for the defendant, Harris v. Brooks, 21 Pick. 195, was a case of a surety, and Fleming v. Gilbert, 3 Johns. 528, a case of modification by agreement of the way of performing an obligation to discharge a mortgage.
Exceptions sustained.
2Cases cited1 opinion
- Fleming v. GilbertNew York Supreme Court · 1808
3Cited by13 opinions
- Parrot v. Mexican Central Railway Co.Massachusetts Supreme Judicial Court · 1911
- McGlynn v. ScottNorth Dakota Supreme Court · 1894
- Melotte v. TucciMassachusetts Supreme Judicial Court · 1946
- Barber v. RathvonMassachusetts Supreme Judicial Court · 1925
- Graham v. NegusNew York Supreme Court · 1890
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