Lascelles v. Clark
Massachusetts Supreme Judicial Court
Bill ik equity, filed in the Superior Court on December 31, 1906, and amended on January 2, 1907, to enforce upon property held in trust for the defendant Franklin E. Clark an equitable charge created by the following instrument: “ 23d September 1905. “Messrs.
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Bill ik equity, filed in the Superior Court on December 31, 1906, and amended on January 2, 1907, to enforce upon property held in trust for the defendant Franklin E. Clark an equitable charge created by the following instrument: “ 23d September 1905. “Messrs. A. S. Lascelles & Co., E. A. DePass & Co., Lascelles BeMercado & Co. “ Dear Sirs: “ In consideration of your continuing for the next month the account current between you or any of your firms and Mr. Malcolm George DaCosta of Kingston, Druggist, I hereby guarantee payment of all sums of money in which Mr. DaCosta may now be indebted to…
1Opinion of the CourtLoring, J.
1. The demurrer was rightly overruled.
The defendant’s first contention in support of his demurrer is that the written offer declared on could not be accepted by a promise to continue the account current with DaCosta for the next month; that by its terms the written offer could be accepted only by the continuance in fact of the account current for the next month. If that had been so the guarantor would have been at liberty to withdraw the offer at any time within the month, for example after the plaintiffs had continued the account current for twenty-nine days relying on the guaranty. It…
2Cases cited7 opinions
- Davis v. WellsSupreme Court of the United States · 1881
- Parker v. SimpsonMassachusetts Supreme Judicial Court · 1902
- Bishop v. EatonMassachusetts Supreme Judicial Court · 1894
- Welch v. WalshMassachusetts Supreme Judicial Court · 1901
- Powers v. RaymondMassachusetts Supreme Judicial Court · 1884
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3Cited by15 opinions
- City of Boston v. SantosuossoMassachusetts Supreme Judicial Court · 1940
- Ginn v. AlmyMassachusetts Supreme Judicial Court · 1912
- Kenyon v. City of ChicopeeMassachusetts Supreme Judicial Court · 1946
- Exchange Realty Co. v. BinesMassachusetts Supreme Judicial Court · 1939
- Manufacturers' Finance Co. v. RockwellMassachusetts Supreme Judicial Court · 1932
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