Glidden v. Massachusetts Hospital Life Insurance
Massachusetts Supreme Judicial Court
Contbact upon an order for the payment of money accepted by the defendant upon the condition stated in the opinion. Writ in the Supreme Judicial Court dated December 19,1902. The ease was tried before Morton, J., who directed the jury to return a verdict for the defendant on the ground that there was no evidence to show a performance of the condition of the acceptance of the order sued on, or of its waiver, sufficient to warrant the submission of the case to the jury.
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Contbact upon an order for the payment of money accepted by the defendant upon the condition stated in the opinion. Writ in the Supreme Judicial Court dated December 19,1902. The ease was tried before Morton, J., who directed the jury to return a verdict for the defendant on the ground that there was no evidence to show a performance of the condition of the acceptance of the order sued on, or of its waiver, sufficient to warrant the submission of the case to the jury. The plaintiff alleged exceptions.
1Opinion of the CourtKnowlton, C. J.
This is an action of contract to recover the amount of an order accepted by the defendant. The order was dated Boston, July 23, 1901, signed by one Vinal and addressed to the defendant, requesting the payment to the plaintiff of the sum of $5,500 out of the first payment to which Vinal should become entitled on account of three mortgages given on that day to the defendant. It referred to the payment under the mortgages as $11,000, to be received when the first floor of the building to be erected on each lot should be in. On the same day the defendant accepted the order in these words:…
2Cases cited3 opinions
- Mueller v. NugentSupreme Court of the United States · 1902
- Gormley v. KyleMassachusetts Supreme Judicial Court · 1884
- Gilson v. Cambridge Savings BankMassachusetts Supreme Judicial Court · 1902
3Cited by5 opinions
- Buttrick Lumber Co. v. CollinsMassachusetts Supreme Judicial Court · 1909
- Lilly v. Haynes Co-operative Coal Mining Co.North Dakota Supreme Court · 1923
- Quincy Trust Co. v. Town of PembrokeMassachusetts Supreme Judicial Court · 1964
- Homer v. ShawMassachusetts Supreme Judicial Court · 1912
- Dolben v. KaufmanMassachusetts Supreme Judicial Court · 1930