Nathan v. Leland
Massachusetts Supreme Judicial Court
Contract, the first count on an account annexed for $118.75 and interest thereon, and the second count alleging that the defendant purchased clothes and jewelry from the plaintiff according to the account annexed, that on August 9,1902, the defendant was adjudicated a bankrupt and thereafter was discharged, and that on August 27, 1903, and at subsequent times the defendant promised in writing to pay said indebtedness in payments of not less than $5 a month.
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Contract, the first count on an account annexed for $118.75 and interest thereon, and the second count alleging that the defendant purchased clothes and jewelry from the plaintiff according to the account annexed, that on August 9,1902, the defendant was adjudicated a bankrupt and thereafter was discharged, and that on August 27, 1903, and at subsequent times the defendant promised in writing to pay said indebtedness in payments of not less than $5 a month. Writ dated December 14, 1904. The defendant’s answer contained a general denial and pleaded the defendant’s discharge in bankruptcy. In…
1Opinion of the CourtBraley, J.
Before the enactment of the original St. of 1856, c. 18, which by re-enactment is now embodied in R. L. c. 74, § 3,. the oral evidence that the defendant unreservedly agreed to pay the indebtedness as a means of obtaining further credit despite the proceedings in bankruptcy, would have been sufficient to establish the plaintiff’s claim. Pratt v. Russell, 7 Cush. 462. United Society v. Winkley, 7 Gray, 460. The object of the statute is, that by substituting a written for an oral promise, debtors might be relieved from being harassed by vexatious litigation, based on an effort to establish a…
2Cases cited7 opinions
- Gillingham v. BrownMassachusetts Supreme Judicial Court · 1901
- Custy v. DonlanMassachusetts Supreme Judicial Court · 1893
- Champion v. BuckinghamMassachusetts Supreme Judicial Court · 1896
- Bigelow v. NorrisMassachusetts Supreme Judicial Court · 1885
- Cook v. ShearmanMassachusetts Supreme Judicial Court · 1869
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Federal National Bank v. KoppelMassachusetts Supreme Judicial Court · 1925
- Sherman v. SidmanMassachusetts Supreme Judicial Court · 1938
- Herrington v. . DavittNew York Court of Appeals · 1917
- Wenz v. WenzMassachusetts Supreme Judicial Court · 1916
- Hill v. GratMassachusetts Supreme Judicial Court · 1923
1 more not listed; retrieve them via the Exa API.