Slade v. Mutrie
Massachusetts Supreme Judicial Court
Contract to recover the balance of a promissory note. At the trial, in the Superior Court, before Hopkins, J., it appeared that part of the name of the maker had been torn off the note, and that after its maturity, on October 12,1882, the defendant paid to the plaintiffs the sum of one hundred and twenty-five dollars, and thereupon received from the plaintiffs the note and a receipt “ in full settlement of all accounts to date.”
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Contract to recover the balance of a promissory note. At the trial, in the Superior Court, before Hopkins, J., it appeared that part of the name of the maker had been torn off the note, and that after its maturity, on October 12,1882, the defendant paid to the plaintiffs the sum of one hundred and twenty-five dollars, and thereupon received from the plaintiffs the note and a receipt “ in full settlement of all accounts to date.” Upon the question whether the note was delivered to the defendant for the purpose of being cancelled and extinguished, there was conflicting evidence. The plaintiffs…
1Opinion of the CourtField, C. J.
The counsel for the defendant concedes that, by the law of this Commonwealth, the payment of a part of a debt after the whole debt has become payable is not a sufficient consideration to support a promise not under seal to discharge the remainder of the debt. Brooks v. White, 2 Met. 283. Harriman v. Harriman, 12 Gray, 341. Potter v. Green, 6 Allen, 442. Grinnell v. Spink, 128 Mass. 25. Lathrop v. Page, 129 Mass. 19. Tyler v. Odd Fellows’ Relief Association, 145 Mass. 134, 137. Foakes v. Beer, 9 App. Cas. 605.
*21The jury, in returning a general verdict for the defendant, must have found on the…
2Cases cited13 opinions
- Jaffray v. . DavisNew York Court of Appeals · 1891
- Pierce v. Boston Five Cents Savings BankMassachusetts Supreme Judicial Court · 1880
- Tyler v. Odd Fellows' Mutual Relief Ass'nMassachusetts Supreme Judicial Court · 1887
- Landrum v. Trowbridge, Dwight & Co.Court of Appeals of Kentucky · 1859
- McCann v. RandallMassachusetts Supreme Judicial Court · 1888
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3Cited by9 opinions
- Watkins v. Simplex Time Recorder Co.Massachusetts Supreme Judicial Court · 1944
- Stebbins v. North Adams Trust Co.Massachusetts Supreme Judicial Court · 1922
- Barnett v. RosenMassachusetts Supreme Judicial Court · 1920
- Mangan v. HowardMassachusetts Supreme Judicial Court · 1921
- Burrows v. BurrowsMassachusetts Supreme Judicial Court · 1922
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