Richardson v. Boston Chemical Laboratory
Massachusetts Supreme Judicial Court
This was a writ of audita querela, dated January 10th 1842, in which the plaintiff averred that, on the first Tuesday of March 1839, the defendants (a corporation established by St. 1835, c. 40,) recovered judgment against the South Boston India Rubber Company, (a corporation established by St. 1835, c. 55,) for $2868-93, debts and costs, and took out execution thereon: That on the 3d of June 1840, the defendants, by their directors, in consideration that the said India…
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This was a writ of audita querela, dated January 10th 1842, in which the plaintiff averred that, on the first Tuesday of March 1839, the defendants (a corporation established by St. 1835, c. 40,) recovered judgment against the South Boston India Rubber Company, (a corporation established by St. 1835, c. 55,) for $2868-93, debts and costs, and took out execution thereon: That on the 3d of June 1840, the defendants, by their directors, in consideration that the said India Rubber Company would forbear to prosecute a writ of review of said judgment, then pending, agreed with the said company to…
1Opinion of the CourtDewey, J.
The first inquiry that arises upon this report is as to the terms of the contract entered into by the parties, on the 3d of June 1840; the plaintiff insisting that it was an absolute and unqualified agreement, by the defendants, to accept certain promissory notes, for the sum of $1661-35, in full of then- judgment, subject to no other condition, than that the execution, which issued on such judgment, might be used for the limited purpose of enforcing payment of the sum secured by these notes. To sustain this position, the plaintiff relies upon the vote of the defendants authorizing then-…
2Cases cited2 opinions
- Wood v. HitchcockNew York Supreme Court · 1838
- Thayer v. BrackettMassachusetts Supreme Judicial Court · 1815
3Cited by1 opinion
- Union Esperanza Mining Co. v. Shandon Mining Co.New Mexico Supreme Court · 1913