Trudeau v. Poutre
Massachusetts Supreme Judicial Court
Contract. The .declaration was as follows: “ The plaintiff says that on or about the second day of June last he was the holder and owner of two certain mortgages, one given by one Louis Picard on certain personal property then in a store No. 66 East Main Street, Fall River, the other given by Mary Picard on certain real estate situate in said Fall River, and both said mortgages having been given to secure the payment of two certain notes of $ 1135.00, the principal of which…
Read the full summary
Contract. The .declaration was as follows: “ The plaintiff says that on or about the second day of June last he was the holder and owner of two certain mortgages, one given by one Louis Picard on certain personal property then in a store No. 66 East Main Street, Fall River, the other given by Mary Picard on certain real estate situate in said Fall River, and both said mortgages having been given to secure the payment of two certain notes of $ 1135.00, the principal of which notes amounted to $863.20 at said date ; that on or about said date, in consideration that the plaintiff release the…
1Opinion of the CourtMorton, J.
If the parties mutually agreed that the de-' fendant should pay the plaintiff what Picard owed him, and the plaintiff accepted the defendant as his debtor in the place of Picard, and released Picard, the contract thus entered into would be valid and binding. Wood v. Corcoran, 1 Allen, 405. Lord v. Davison, 3 Allen, 131. Caswell v. Fellows, 110 Mass. 52. The release of Picard would constitute a sufficient consideration for the defendant’s promise to the plaintiff. Caswell v. Fellows, ubi supra. And the promise declared on being an original undertaking and not a collateral one, and not…
2Cases cited3 opinions
- Caswell v. FellowsMassachusetts Supreme Judicial Court · 1872
- Haynes v. NiceMassachusetts Supreme Judicial Court · 1868
- Sinclair v. RichardsonSupreme Court of Vermont · 1840
3Cited by11 opinions
- Rizzo v. CunninghamMassachusetts Supreme Judicial Court · 1939
- Griffin v. CunninghamMassachusetts Supreme Judicial Court · 1903
- New England Cabinet Works v. MorrisMassachusetts Supreme Judicial Court · 1917
- United States v. GroverDistrict Court, N.D. California · 1915
- Pope & Cottle Co. v. WheelwrightMassachusetts Supreme Judicial Court · 1921
6 more not listed; retrieve them via the Exa API.