Way v. Dunham
Massachusetts Supreme Judicial Court
Contract, upon three promissory notes for fifty dollars each, signed by John I. Barry, dated April 24,1893, payable to the order of the defendant in four, five, and six months, respectively.
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Contract, upon three promissory notes for fifty dollars each, signed by John I. Barry, dated April 24,1893, payable to the order of the defendant in four, five, and six months, respectively. The answer alleged, among other things, that, if the plaintiff should “ prove any of said notes, the defendant says the plaintiff made an agreement with the maker to take payment in work and extend the time of payment therefor, and has no claim against this defendant.’’ Writ dated January 8, 1894. At the trial in the Superior Court before Blodgett, J., there was evidence tending to show that the notes…
1Opinion of the CourtMorton, J.
Mere indulgence or delay on the part of the plaintiff towards the principal debtor in enforcing payment did not discharge the defendant. Wilson v. Foot, 11 Met. 285. Agricultural Bank v. Bishop, 6 Gray, 317. Allen v. Brown, 124 Mass. 77. Wilson v. Powers, 130 Mass. 127. Haydenville Savings Bank v. Parsons, 138 Mass. 53. To discharge the defendant there must have been a valid agreement between the plaintiff and the debtor to extend the time or vary the .contract, or the defendant must have been led by the representations of the plaintiff to change his situation, either, for instance, by…
2Cases cited3 opinions
- Wilson v. PowersMassachusetts Supreme Judicial Court · 1881
- Haydenville Savings Bank v. ParsonsMassachusetts Supreme Judicial Court · 1884
- Allen v. BrownMassachusetts Supreme Judicial Court · 1878
3Cited by6 opinions
- Mumford v. CoghlinMassachusetts Supreme Judicial Court · 1924
- Maglione v. PentaMassachusetts Supreme Judicial Court · 1929
- Clark v. United Grocery Co.Supreme Court of Florida · 1915
- Barber v. RathvonMassachusetts Supreme Judicial Court · 1925
- Rogers v. Detroit Savings BankMichigan Supreme Court · 1906
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