Eaton v. Littlefield
Massachusetts Supreme Judicial Court
Contract upon the following agreement in writing under seal, signed by the defendant: “ Boston, October 12, 1883. I, Nathaniel Littlefield, of Boston, in consideration of one dollar and other valuable considerations, the receipt whereof is hereby acknowledged, hereby guarantee to James A. Wood, of Cambridge, Mass., and Eaton Brothers, of Calais, Maine, that they shall receive at least ten per cent of their respective legal claims against Bice, Jones, and Hammond, within one…
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Contract upon the following agreement in writing under seal, signed by the defendant: “ Boston, October 12, 1883. I, Nathaniel Littlefield, of Boston, in consideration of one dollar and other valuable considerations, the receipt whereof is hereby acknowledged, hereby guarantee to James A. Wood, of Cambridge, Mass., and Eaton Brothers, of Calais, Maine, that they shall receive at least ten per cent of their respective legal claims against Bice, Jones, and Hammond, within one year from the date . of this agreement, and if said Wood and Eaton Brothers do not receive at least ten per cent, as…
1Opinion of the CourtDbvens, J.
An agreement, arrangement,' or bargain by which a creditor of an insolvent debtor has received or is to receive any money, property, or consideration whatever, by which his vote for assignee may be affected, is illegal. The statute requires, using very ample and searching words for this purpose, that, in proving his claim, the creditor shall make oath that no such agreement, arrangement, or bargain exists, and, further, that no claim shall be allowed, unless these statements are found to be true. Pub. Sts. c. 157, § 29.
As the case at bar was submitted to the jury, they must have found that…
2Cases cited3 opinions
- Suit v. WoodhallMassachusetts Supreme Judicial Court · 1873
- Coolidge v. SmithMassachusetts Supreme Judicial Court · 1880
- Tirrell v. FreemanMassachusetts Supreme Judicial Court · 1885
3Cited by1 opinion
- Maloon v. BarrettMassachusetts Supreme Judicial Court · 1906