Stevens v. Wiley
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on March 9, 1891, by Nathaniel B. Stevens, alleging that on March 1, 1887, and prior to that date, the plaintiff Stevens was in copartnership with one D. J. T. Oldham, doing business in Boston under the firm name of the New England Paint and Varnish Company i that on or about March 1, 1887, the firm became indebted to the defendants, doing business under the firm name of Wiley and Richardson, in a large sum of money, the exact…
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Bill in equity, filed in the Superior Court on March 9, 1891, by Nathaniel B. Stevens, alleging that on March 1, 1887, and prior to that date, the plaintiff Stevens was in copartnership with one D. J. T. Oldham, doing business in Boston under the firm name of the New England Paint and Varnish Company i that on or about March 1, 1887, the firm became indebted to the defendants, doing business under the firm name of Wiley and Richardson, in a large sum of money, the exact amount of which indebtedness was not known to the plaintiff, but claimed by the defendants to be the sum of $4,594.80; that…
1Opinion of the CourtAllen, J.
1. A conveyance, absolute in terms, of real or personal property, may be shown in equity by paroi evidence to have been taken as collateral security. Campbell v. Dearborn, 109 Mass. 130. Reeve v. Dennett, 137 Mass. 315. Minchin v. Minchin, 157 Mass. 265. But in the present case the defendants gave a receipt specifying the terms on which they received the conveyance of the yacht, viz.: “We are to credit Stevens five hundred dollars on our account against Stevens and Old-ham.” This was an agreement by the defendants to take the yacht in satisfaction of their account to the amount of five…
2Cases cited13 opinions
- Campbell v. DearbornMassachusetts Supreme Judicial Court · 1872
- Garlick v. JamesNew York Supreme Court · 1815
- O'Conner v. HurleyMassachusetts Supreme Judicial Court · 1888
- Reeve v. DennettMassachusetts Supreme Judicial Court · 1884
- Squires v. Inhabitants of AmherstMassachusetts Supreme Judicial Court · 1887
8 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Stebbins v. North Adams Trust Co.Massachusetts Supreme Judicial Court · 1922
- Gables Racing Ass'n v. PerskySupreme Court of Florida · 1934
- Jenckes v. RiceSupreme Court of Iowa · 1903
- Doolittle v. J. C. Murray & Co.Supreme Court of Iowa · 1907
- Security Bank & Trust Co. v. FosterCourt of Appeals of Texas · 1923
5 more not listed; retrieve them via the Exa API.