Legal Opinion

Curran v. Rummell

Massachusetts Supreme Judicial Court

Decided October 2, 1875PublishedCited by 16 opinions

Contract upon a promissory note for $137.43, dated Florence, Massachusetts, April 18,1872, signed by the defendant and payable to Curran, Fay & Co., the plaintiffs, three months after date.

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Contract upon a promissory note for $137.43, dated Florence, Massachusetts, April 18,1872, signed by the defendant and payable to Curran, Fay & Co., the plaintiffs, three months after date. The declaration also contained a second count upon an account annexed for $38. The case was submitted tc the Superior Court, and, after judgment for the defendant, to this court, on appeal, on an agreed statement of facts in substance as follows: The plaintiffs may recover on both counts of their declaration, •which correctly state the sums in which the defendant was indebted to the plaintiffs, unless the…

1Opinion of the CourtColt, J.

The facts agreed do not bar the plaintiffs’ right to

recover on both counts in their declaration, because an agreement to accept, in satisfaction of an ascertained debt, a sum less than the full amount due, is not sufficient, unless it be founded on some additional consideration, such as the payment of money or transfer of property, or some new responsibility incurred by a third party, or when the agreement constitutes part of a composition deed among creditors, binding upon all. Perkins v. Lockwood, 100 Mass. 249.

The case fails to. show any such new consideration offered to the plaintiffs,…

2Cases cited1 opinion

  1. Perkins v. LockwoodMassachusetts Supreme Judicial Court · 1868

3Cited by16 opinions

  1. Tyler v. Odd Fellows' Mutual Relief Ass'nMassachusetts Supreme Judicial Court · 1887
  2. Pottlitzer v. WessonIndiana Court of Appeals · 1893
  3. Bahrenburg v. Conrad Schopp Fruit Co.Missouri Court of Appeals · 1907
  4. Jameson v. BarberWisconsin Supreme Court · 1883
  5. Lerdall v. Charter Oak Life InsuranceWisconsin Supreme Court · 1881

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