Hastings v. Lovejoy
Massachusetts Supreme Judicial Court
Contract against the surviving partner of the firm of J. Lovejoy and Sons, to recover a balance of rent reserved in a lease under seal of certain premises for the term of ten years from June 24, 1873, at an annual rental of $12,500, payable quarterly on the twenty-fourth days of March, June, .September, and December in each year, respectively.
Read the full summary
Contract against the surviving partner of the firm of J. Lovejoy and Sons, to recover a balance of rent reserved in a lease under seal of certain premises for the term of ten years from June 24, 1873, at an annual rental of $12,500, payable quarterly on the twenty-fourth days of March, June, .September, and December in each year, respectively. Trial in this court, before Field, J., who reported the case for the determination of the full court, in substance as follows: The only question in the case related to the four years from December 24, 1876, to December 24, 1880, inclusive, the…
1Opinion of the CourtC. Allen, J.
While recognizing and giving effect to the rule of law, that a creditor cannot bind himself by a simple agreement to accept a smaller sum in lieu of an ascertained existing debt of a larger amount, because such agreement is without consideration, courts have nevertheless often declared that the rule is not tp be extended beyond its precise import, and, especially if a consideration for such agreement is found to exist, of which the law can take notice, that courts will not inquire into its adequacy. Langdon v. Langdon, 4 Gray, 186. Brooks v. White, 2 Met. 283. Simmons v. Almy, 103 Mass. 33.…
2Cases cited14 opinions
- Fleming v. GilbertNew York Supreme Court · 1808
- Rollins v. MarshMassachusetts Supreme Judicial Court · 1880
- Williams v. GoochCourt of Appeals of Kentucky · 1861
- Landrum v. Trowbridge, Dwight & Co.Court of Appeals of Kentucky · 1859
- Lattimore v. HarsenNew York Supreme Court · 1817
9 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- Kattar v. DemoulasMassachusetts Supreme Judicial Court · 2000
- Taylor v. FinniganMassachusetts Supreme Judicial Court · 1905
- Fitzgerald ex rel. Stockholders of the Fitzgerald & Mallory Construction Co. v. Fitzgerald & Mallory Construction Co.Nebraska Supreme Court · 1895
- Moskow v. BurkeMassachusetts Supreme Judicial Court · 1926
- Zlotnick v. McNamaraMassachusetts Supreme Judicial Court · 1938
52 more not listed; retrieve them via the Exa API.