Farrington v. Hodgdon
Massachusetts Supreme Judicial Court
Contract by Isaac Farrington and John G. White, doing business under the firm name of the Eagle Woollen Mills, upon a promissory note for $2236.82 dated November 7, 1872, and made by the defendants payable to their own order and indorsed by them.
Read the full summary
Contract by Isaac Farrington and John G. White, doing business under the firm name of the Eagle Woollen Mills, upon a promissory note for $2236.82 dated November 7, 1872, and made by the defendants payable to their own order and indorsed by them. At the trial in the Superior Court, before Pitman, J., without a jury, the following facts appeared: The plaintiffs sold the defendants merchandise, for which, on November 7,1872, they received three notes, signed and indorsed by the defendants, each payable in six months from its date i one dated October 25, for $2236.82; one dated November 1, for…
1Opinion of the CourtDevens, J.
The plaintiffs contend that the agreement signed by them is to be construed as one to receive payment of a certain portion of their debts in a particular manner, while it did not affect the remaining portion thereof, and therefore that such portion was to be paid in the ordinary manner, and upon the terms on which the debts were originally contracted. It does not admit of this construction. The party signing agreed to “ accept ” seventy-five per cent, of the indebtedness to him which was to be paid in a manner specified, and this implied that the sum provided for was to be received instead-…
2Cases cited3 opinions
- Newcomb v. BrackettMassachusetts Supreme Judicial Court · 1819
- Perkins v. LockwoodMassachusetts Supreme Judicial Court · 1868
- Webster v. CoffinMassachusetts Supreme Judicial Court · 1817
3Cited by9 opinions
- Lowe v. HarwoodMassachusetts Supreme Judicial Court · 1885
- Martin v. MelesMassachusetts Supreme Judicial Court · 1901
- Emerson v. GerberMassachusetts Supreme Judicial Court · 1901
- Tutt v. PriceMissouri Court of Appeals · 1879
- Trecy v. JeftsMassachusetts Supreme Judicial Court · 1889
4 more not listed; retrieve them via the Exa API.