Emerson v. Gerber
Massachusetts Supreme Judicial Court
Contract for a balance alleged to be due for goods sold and delivered. Writ dated September 30,1898. The case was heard in the Superior Court by Mason, C. J., on agreed facts, which were as follows: There was no dispute as to the fact that the goods were sold, or that the price charged was the price agreed upon.
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Contract for a balance alleged to be due for goods sold and delivered. Writ dated September 30,1898. The case was heard in the Superior Court by Mason, C. J., on agreed facts, which were as follows: There was no dispute as to the fact that the goods were sold, or that the price charged was the price agreed upon. Some time after the price became due the defendant executed and delivered an assignment of all his estate to Plummer C. Spring for the benefit of all creditors who should assent to the assignment, and a copy of the assignment was “ duly recorded.” The assignment contained a provision…
1Opinion of the CourtHolmes, C. J.
This is an action upon an admitted debt, and the only defence is that the plaintiff accepted a check for a part of the debt from an assignee for the benefit of creditors under circumstances which made it a discharge of the whole. The assignment provided that all creditors assenting to it thereby discharged their claim against the debtor. Notice of the assignment had been mailed to all creditors with a statement that those who wished to receive dividends must assent to the assignment. In the agreed statement of evidence it appears that the assignee would testify that he sent with the check a…
2Cases cited7 opinions
- Cottage Street Methodist Episcopal Church v. KendallMassachusetts Supreme Judicial Court · 1877
- Perkins v. LockwoodMassachusetts Supreme Judicial Court · 1868
- Curran v. RummellMassachusetts Supreme Judicial Court · 1875
- Bruce v. AndersonMassachusetts Supreme Judicial Court · 1900
- Farrington v. HodgdonMassachusetts Supreme Judicial Court · 1876
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3Cited by10 opinions
- Martin v. MelesMassachusetts Supreme Judicial Court · 1901
- Wheeler & Motter Mercantile Co. v. KitchenSupreme Court of Oklahoma · 1917
- Shekell v. Ypsilanti Savings BankMichigan Supreme Court · 1934
- First National Bank v. CartoniMassachusetts Supreme Judicial Court · 1936
- Babson v. Crete MillsNebraska Supreme Court · 1932
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