Phelps v. Dennett
Supreme Judicial Court of Maine
On exceptions. Assumpsit on a promissory note for fifty dollars by the payee against the maker. The action w'as submitted to the presiding judge, reserving the right to allege exceptions to his rulings in matters of law.
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On exceptions. Assumpsit on a promissory note for fifty dollars by the payee against the maker. The action w'as submitted to the presiding judge, reserving the right to allege exceptions to his rulings in matters of law. The presiding judge found that there had been a controversy between these parties in relation to the payment of rent on certain real estate in Boston, of which they held a lease; that the plaintiff, In order to avoid a forfeiture, had paid the rent and then claimed repayment of the same amount from the defendant; that they finally agreed upon a compromise, whereby the…
1Opinion of the CourtWalton, J.
In 1841, the supreme court of the State of New York held that where a debt has been discharged by accord and satisfaction for less than its amount, there remains no such moral obligation to pay the balance as will suj>port a subsequent promise to that effect;- although the. law was conceded to be otherwise of a discharge, which is not the mere act of the party, but by operation of law ;• as, for example, an- insolvent discharge. Stafford v. Bacon, 1 Hill, 532,
The propriety of this, distinction has been questioned. In 1850,-in a case before the supreme court of New Hampshire, the question was…
2Cited by1 opinion
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