Sewall v. Sparrow
Massachusetts Supreme Judicial Court
This was an action of debt, founded on several judgments of this Court, recovered in October, 1809, by the plaintiffs, against one Thomas Webster, and one John Thatcher, the latter of whom is deceased, and the defendant is his administrator; and the plaintiffs aver that they exhibited the said several judgments to i .e commissioners appointed to receive and examine the claims of creditors against the estate of said Thatcher; but they refused to allow the same * or any part…
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This was an action of debt, founded on several judgments of this Court, recovered in October, 1809, by the plaintiffs, against one Thomas Webster, and one John Thatcher, the latter of whom is deceased, and the defendant is his administrator; and the plaintiffs aver that they exhibited the said several judgments to i .e commissioners appointed to receive and examine the claims of creditors against the estate of said Thatcher; but they refused to allow the same * or any part thereof; and they having [ * 25 ] made report of their doings to the judge of probate, the plaintiffs gave notice…
1Opinion of the CourtParker, C. J.
If the written agreement, which is averred in the plea in bar, had been a sealed instrument, it would be construed to be a perpetual covenant not to sue John Thatcher for the debt of the company. For although, by the terms of the agreement, the plaintiffs contracted only not to serve any writ, or levy any execution upon Thatcher, which might issue after the date of the agreement against the company, yet the intent and effect of it was, without doubt, to exonerate and discharge Thatcher from the debt of the company, in consideration of his having paid one half of it out of his private effects.
B…
2Cases cited1 opinion
- Ruggles v. PattenMassachusetts Supreme Judicial Court · 1812
3Cited by11 opinions
- Savage v. BlanchardMassachusetts Supreme Judicial Court · 1889
- Henry v. HenryIndiana Supreme Court · 1858
- Tarver v. RankinSupreme Court of Georgia · 1847
- Hawkins v. HardingAppellate Court of Illinois · 1891
- Culp v. FisherSupreme Court of Pennsylvania · 1833
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