Mattoon v. Barnes
Massachusetts Supreme Judicial Court
Contract against the executors of James Bames. and against Willis Phelps to recover the sum of $1000 upon the following written agreement: “ Whereas William Mattoon has agreed to make a settlement of all claims of the estate of Harrison Messer, late of Shelby County, Illinois, against the late firm of Phelps, Mattoon & Barnes, composed of the said Mattoon and Willis Phelps and James Barnes, now therefore, we the said Barnes and Phelps, in consideration of the said agreement…
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Contract against the executors of James Bames. and against Willis Phelps to recover the sum of $1000 upon the following written agreement: “ Whereas William Mattoon has agreed to make a settlement of all claims of the estate of Harrison Messer, late of Shelby County, Illinois, against the late firm of Phelps, Mattoon & Barnes, composed of the said Mattoon and Willis Phelps and James Barnes, now therefore, we the said Barnes and Phelps, in consideration of the said agreement of said Mattoon, hereby agree with the said Mattoon, that if he effects a settlement of said claims the said Mattoon…
1Opinion of the CourtMorton, J.
In considering this case we must assume that all the facts which the plaintiff offered to prove are true. It appears that the plaintiff and James Barnes and Willis Phelps had been partners. After the partnership was dissolved and its affairs partially adjusted, the estate of Messer had an unsettled claim against the firm, and the plaintiff had a private claim against the estate of Messer. The three partners had some conversation about the settlement of this claim, but before any agreement on the subject was made Phelps was obliged to go West, and before going he orally authorized Barnes and…
2Cases cited4 opinions
- Bean v. ParkerMassachusetts Supreme Judicial Court · 1822
- Russell v. AnnableMassachusetts Supreme Judicial Court · 1871
- Cutter v. WhittemoreMassachusetts Supreme Judicial Court · 1813
- Yale v. WheelockMassachusetts Supreme Judicial Court · 1872
3Cited by13 opinions
- Peacock v. HorneSupreme Court of Georgia · 1925
- Naylor v. SteneSupreme Court of Minnesota · 1905
- Willard F. Deputy & Co v. HastingsSuperior Court of Delaware · 1923
- Butrick v. TiltonMassachusetts Supreme Judicial Court · 1886
- Dole Bros. v. Cosmopolitan Preserving Co.Massachusetts Supreme Judicial Court · 1897
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