Brooks v. White
Massachusetts Supreme Judicial Court
Assumpsit on a promissory note, dated April 4th, 1836, for $ 865'83, payable to the plaintiffs, Brooks & Saunders, in six months, signed by Keith White & Co. The action was commenced against said White, W. Downing and M. W. Wright, formerly partners in business, under the name of Keith White & Co. The writ was not served on Wright, and the plaintiffs discontinued as to Downing; it being ascertained that he was an infant at the date of said note.
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Assumpsit on a promissory note, dated April 4th, 1836, for $ 865'83, payable to the plaintiffs, Brooks & Saunders, in six months, signed by Keith White & Co. The action was commenced against said White, W. Downing and M. W. Wright, formerly partners in business, under the name of Keith White & Co. The writ was not served on Wright, and the plaintiffs discontinued as to Downing; it being ascertained that he was an infant at the date of said note. The defence was. an accord and satisfaction before the maturity of the note, by the delivery to the plaintiffs, by said Downing, and their acceptance…
1Opinion of the CourtDewet, J.
The plaintiffs contend that the evidence, offei ed to sustain the defence of an accord and satisfaction of the *285note upon which this action is instituted, cannot avail the defendant, because by his own showing it was only the payment and acceptance of a less sum than the amount due on the note. The general principle, that the acceptance of a less sum in money than is actually due cannot be a satisfaction and will not operate to extinguish the whole debt, although agreed by the creditor to be received upon such condition, seems to be ; ecognized in books of unquestionable authority. The reason…
2Cases cited4 opinions
- Harden v. GordonU.S. Circuit Court for the District of Maine · 1823
- Stackpole v. ArnoldMassachusetts Supreme Judicial Court · 1814
- Kellogg v. RichardsNew York Supreme Court · 1835
- Boyd v. HitchcockNew York Supreme Court · 1822
3Cited by5 opinions
- Levine v. BlumenthalSupreme Court of New Jersey · 1936
- Sigler v. SiglerSupreme Court of Kansas · 1916
- Peoples Exchange Bank v. MillerSupreme Court of Kansas · 1934
- Garrison v. MarshallSupreme Court of Kansas · 1925
- Brush Hat Manufacturing Co. v. AbelesSuperior Court of Pennsylvania · 1911