Sloan v. McCarty
Massachusetts Supreme Judicial Court
Contract upon the following instrument, signed by the defendant, and witnessed: “$85.00. Rutland, April 5th, 1874. Received of T. S. Sloan, this day, roan horse known as A. M. Brown horse for which I promise to pay T. S. Sloan or order eighty-five dollars one month from date, at the Leicester-, said horse to be and remain the entire and absolute property of the said Sloan until paid for in full by me.”
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Contract upon the following instrument, signed by the defendant, and witnessed: “$85.00. Rutland, April 5th, 1874. Received of T. S. Sloan, this day, roan horse known as A. M. Brown horse for which I promise to pay T. S. Sloan or order eighty-five dollars one month from date, at the Leicester-, said horse to be and remain the entire and absolute property of the said Sloan until paid for in full by me.” Writ dated July 15, 1881. The answer set up, among other defences, the statute of limitations. The case was submitted to the Superior Court, and, after judgment for the plaintiff, to this…
1Opinion of the CourtField, J.
The contract declared on contains a promise to pay to the plaintiff or order a certain sum of money in one month from date for a horse received of the plaintiff; if this were all, it would be a promissory note, as the recital of the consideration does not affect the character of the contract. But the contract also contains an agreement that the horse shall remain the property of the plaintiff until paid for in full by the defendant. This is not an agreement relating to the manner in which the promise to pay money may be enforced, but is a substantive agreement. The whole contract describes a…
2Cases cited2 opinions
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3Cited by16 opinions
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- Alton v. First National BankMassachusetts Supreme Judicial Court · 1892
- International Finance Corp. v. Calvert Drug Co.Court of Appeals of Maryland · 1924
- Tabbut v. American InsuranceMassachusetts Supreme Judicial Court · 1904
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