Young v. Jones
Supreme Judicial Court of Maine
On exceptions. Assumpsit on an accepted draft. After the plaintiff had made out a case, the defendant offered to prove an agreement made under the hand and seal of the plaintiff with the defendant, after maturity of the draft, to accept a certain percentage less than the whole amount of the draft in payment thereof; and to transfer to some third party his debt on receipt of the percentage within a certain space of time; and that the said percentage was tendered him within…
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On exceptions. Assumpsit on an accepted draft. After the plaintiff had made out a case, the defendant offered to prove an agreement made under the hand and seal of the plaintiff with the defendant, after maturity of the draft, to accept a certain percentage less than the whole amount of the draft in payment thereof; and to transfer to some third party his debt on receipt of the percentage within a certain space of time; and that the said percentage was tendered him within the prescribed space of time, but he refused to accept it and subsequently brought this action. This evidence the court…
1Opinion of the CourtAppleton, C. J.
This is an action of assumpsit upon an accepted draft. After the plaintiff had made out his case the defendant offered to prove an agreement under the hand and seal of the plaintiff, after the maturity of the draft, to accept a certain percentage less than the amount of the draft, in payment thereof; and to transfer to some third person his debt on receipt of the same within a certain space of time; that the percentage agreed upon was tendered within the time limited, and that the plaintiff refused to accept the same, and brought this action.
The material question is whether these facts, if…
2Cases cited1 opinion
- Russell v. LytleNew York Supreme Court · 1831
3Cited by12 opinions
- Continental Gin Co. v. ArnoldSupreme Court of Oklahoma · 1915
- Houston Bros. v. WagnerSupreme Court of Oklahoma · 1911
- Arnett v. SmithNorth Dakota Supreme Court · 1902
- Graffam v. GerondaSupreme Judicial Court of Maine · 1973
- Union Central Life Ins. Co. v. ImslandCourt of Appeals for the Eighth Circuit · 1937
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