Caswell v. Fellows
Massachusetts Supreme Judicial Court
COKTBACT on a judgment against the defendant. At the trial in the Superior Court, before Brigham, C. J., the defendant admitted that the judgment was not paid, but introduced evidence tending to show that the plaintiff, the defendant, and William A. Millard, a debtor of the defendant, met together, and that it was orally agreed between them that Millard should assume and pay the amount of the judgment, that the defendant should discharge Millard’s indebtedness to him to the…
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COKTBACT on a judgment against the defendant. At the trial in the Superior Court, before Brigham, C. J., the defendant admitted that the judgment was not paid, but introduced evidence tending to show that the plaintiff, the defendant, and William A. Millard, a debtor of the defendant, met together, and that it was orally agreed between them that Millard should assume and pay the amount of the judgment, that the defendant should discharge Millard’s indebtedness to him to the amount so paid, and that the plaintiffs should discharge the defendant from all liability on the judgment. The…
1Opinion of the CourtColt, J.
From the course of the trial and the evidence reported in this case, it is evident that the only controversy before the jury related to the terms of the alleged agreement of substitution made when the parties were together ; the defendant contending that the promise of Millard to pay was then accepted in satisfaction of the plaintiff’s judgment against him, and the plaintiffs claiming that it was to be satisfied only by Millard’s future payment of the money. In other words, the dispute was whether there was, with the plaintiffs’ assent, a substitution thus made of Millard’s debt to the…
2Cases cited2 opinions
- Furbish v. GoodnowMassachusetts Supreme Judicial Court · 1867
- Pickens v. HathawayMassachusetts Supreme Judicial Court · 1868
3Cited by14 opinions
- Griffin v. CunninghamMassachusetts Supreme Judicial Court · 1903
- Richardson Drug Co. v. DunaganColorado Court of Appeals · 1896
- Trudeau v. PoutreMassachusetts Supreme Judicial Court · 1896
- Brown v. KirkMissouri Court of Appeals · 1886
- Pope & Cottle Co. v. WheelwrightMassachusetts Supreme Judicial Court · 1921
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