Eaton v. Lincoln
Massachusetts Supreme Judicial Court
Assumpsit on a promissory note for $70.82, made by the defendant, payable to the plaintiff or his order on demand with interest, dated September 1, 1808. The action was commenced on the 8th of April, 1814. The cause was submitted to the decision of the Court, upon - a statement of facts agreed by the parties.
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Assumpsit on a promissory note for $70.82, made by the defendant, payable to the plaintiff or his order on demand with interest, dated September 1, 1808. The action was commenced on the 8th of April, 1814. The cause was submitted to the decision of the Court, upon - a statement of facts agreed by the parties. In June, 1809, the defendant being in failing circumstances, ms creditors met at his request, being twenty in number, and they a., agreed to appoint one of their number as their agent, to receive and sell the defendant’s property, and from the proceeds thereof to pay over to them in…
1Opinion of the CourtParker, C. J.
We think that the plaintiff is barred of his action, by the compromise made by him and the other creditors with the defendant. They au *342thorized their agent to receive a * conveyance of the defendant’s house and land, and other property; and they agreed to receive a distributive share of the proceeds of the sale thereof, and to discharge their demands against the defendant, whatever portion of their demands the proceeds of such sale should nay That one creditor refused to execute the letter of attorney makes no difference ; as there was no provision that it should be void, if it was not…
2Cited by12 opinions
- Perkins v. LockwoodMassachusetts Supreme Judicial Court · 1868
- Lathrop v. KnappWisconsin Supreme Court · 1870
- Larned v. City of DubuqueSupreme Court of Iowa · 1892
- Lange v. PerleyMichigan Supreme Court · 1882
- Tutt v. PriceMissouri Court of Appeals · 1879
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