American Gas & Ventilating Machine Co v. Wood
Supreme Judicial Court of Maine
On Report. The case is stated in tbe opinion. The transaction shows only an unexecuted, collateral agreement to accept payment of the note in a different manner than is provided for in the note itself; the certificates of stock were never transferred by the defendant to the plaintiff; the payment by the “surrender” thereof was not made prior to the commencement of this action.
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On Report. The case is stated in tbe opinion. The transaction shows only an unexecuted, collateral agreement to accept payment of the note in a different manner than is provided for in the note itself; the certificates of stock were never transferred by the defendant to the plaintiff; the payment by the “surrender” thereof was not made prior to the commencement of this action. The case shows nothing more than an executory agreement between the parties for payment of the note, otherwise than in cash; and while such an agreement, if made for a sufficient consideration might entitle the…
1Opinion of the CourtFoster, J.
This is an action upon a promissory note of the following tenor:
“Lewiston, Me., Oct. 15, 1890.
Four months after date, I promise to pay the American Gas and Ventilating Machine Co. one hundred and twenty-five dollars at Lewiston, Me., with-interest. Value received. J. N. WOOD.” .
The plaintiffs having proved the note declared on, are entitled to judgment unless upon the facts disclosed the other party has shown a legal defense. In support of such defense, the defendant introduces an agreement in writing signed by the plaintiff, executed at the same time when the note was given, and which reads…
2Cases cited5 opinions
- Ripley v. . the &198tna Ins. Co.New York Court of Appeals · 1864
- Dow v. TuttleMassachusetts Supreme Judicial Court · 1808
- Costelo v. CrowellMassachusetts Supreme Judicial Court · 1879
- Rogers v. . SmithNew York Court of Appeals · 1872
- Scott v. CommonwealthCourt of Appeals of Kentucky · 1863
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- Todd v. State BankSupreme Court of Iowa · 1917
- Barron v. BoyntonSupreme Judicial Court of Maine · 1940
- Globe Indemnity Co. v. WassmanOhio Supreme Court · 1929
- Pitman v. WalkerCalifornia Supreme Court · 1922
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