Fears v. Story
Massachusetts Supreme Judicial Court
Contract. The declaration, which contained three counts, alleged in substance that the defendant was the owner of the schooner Moses Knowlton, on which the plaintiffs held three liens; that they were about to institute proceedings to enforce the liens, when the defendant promised to pay the amount of the liens in consideration of their forbearing to enforce them; and that they did so forbear. Answer: 1. A general denial. 2. The statute of frauds.
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Contract. The declaration, which contained three counts, alleged in substance that the defendant was the owner of the schooner Moses Knowlton, on which the plaintiffs held three liens; that they were about to institute proceedings to enforce the liens, when the defendant promised to pay the amount of the liens in consideration of their forbearing to enforce them; and that they did so forbear. Answer: 1. A general denial. 2. The statute of frauds. Trial in the Superior Court, before Gardner, J., who allowed a bill of exceptions in substance as follows: The evidence tended to show that, in June…
1Opinion of the CourtSoule, J.
The plaintiffs had liens on the defendant’s schooner Moses Knowlton for the amount due them for materials furnished to a former owner of the schooner in her construction. They refused to permit the schooner to go to sea unless the liens were paid. Thereupon the defendant made an oral promise to pay one third of the amount of their liens in cash, and the balance when he sold the vessel, and the plaintiffs accepted the offer, permitted the vessel to go to sea, and did not prosecute their liens. The defendant paid a part of the amount of the liens, and afterward sold the vessel. He now contends…
2Cases cited1 opinion
- Wills v. BrownMassachusetts Supreme Judicial Court · 1875
3Cited by10 opinions
- Rowell v. SmithWisconsin Supreme Court · 1905
- Colpitts v. L. C. Fisher Co.Massachusetts Supreme Judicial Court · 1935
- Whitehurst v. . HymanSupreme Court of North Carolina · 1884
- Manning v. AnthonyMassachusetts Supreme Judicial Court · 1911
- Castle v. SmithHawaii Supreme Court · 1905
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