Gardiner v. Morse
Supreme Judicial Court of Maine
The parties agreed upon a statement of facts, from which it appeared that in December, 1843, the defendant was in debted to the plaintiff on account in the sum of $37,50; and still remains so, unless the same is discharged on the following state of facts. One Perry, a bankrupt, held a note against the plaintiff of about $200, which in December, 1843, was advertised to be sold at auction by the assignee of Perry.
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The parties agreed upon a statement of facts, from which it appeared that in December, 1843, the defendant was in debted to the plaintiff on account in the sum of $37,50; and still remains so, unless the same is discharged on the following state of facts. One Perry, a bankrupt, held a note against the plaintiff of about $200, which in December, 1843, was advertised to be sold at auction by the assignee of Perry. Gardiner then agreed with Morse, that if the latter “ would not purchase the note, or bid upon it, so that Gardiner might be enabled to buy it in cheaper, he would, in consideration…
1Opinion of the Court
The opinion of the Court was drawn up by
Whitman C. J.
This case is submitted to us upon an agreed statement of facts. No question is made but that the cause of action accrued, and still exists, as set forth in the writ, unless discharged in the manner set up in the defence. One Josiah JB. Perry held a note against the plaintiff for a much larger amount than the demand sued for. Perry became bankrupt, and his effects were about to be sold at auction for the benefit of his creditors; among which was the note against the plaintiff. The plaintiff, wishing to purchase his note at as low a rate as…
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