Clark v. Abbott

Supreme Court of Minnesota

Clark v. Abbott

55 N.W. 542, 53 Minn. 88, 1893 Minn. LEXIS 274

CourtSupreme Court of Minnesota

DecidedApril 25, 1893

StatusPublished

Cited by11 cases

This text of 55 N.W. 542 (Clark v. Abbott) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Clark v. Abbott, 55 N.W. 542, 53 Minn. 88, 1893 Minn. LEXIS 274 (Mich. 1893).

Pincite

Opinion

Collins, J.

It is well settled that where the amount of a debt

is undisputed the receipt of a less sum from the debtor than the whole, upon an agreement to discharge the entire indebtedness, is not a satisfaction, and that such an agreement is nonenforceable. There is no consideration, it is said, for the relinquishment of a part of the debt, and hence an agreement so to do is nudum pactum. But the principles which can be applied in such cases have no application in the case now before us. The respondent, Abbott, owed the debt in question. Wetherell was under no moral or legal obligation to pay any portion of it, but he offered to pay to the creditor, this appellant, the sum of $50 in full of all claims against Abbott. The offer was accepted, the money paid, and a receipt given “in full to date.” Here was the act of a third person, who owed no duty in the premises, and the consideration essential to sustain the agreement was thus furnished. The technical reason for the] application of the first rule mentioned, namely, an absence of con-; sideration, no longer exists. When one not the debtor, nor under J any legal or moral obligation to pay a debt, agrees to pay, and does \ pay, a sum less than the whole debt, in consideration of an agree- ! ment on the part of the creditor to satisfy and discharge the whole, no action will lie against the debtor to recover the balance of his ] indebtedness. See Sonnenberg v. Riedel, 16 Minn. 83, (Gil. 72;) Mason v. Campbell, 27 Minn. 54, (6 N. W. Rep. 405;) Schmidt v. Ludwig, 26 Minn. 87, (1 N. W. Rep. 803;) Laboyteaux v. Swigart, 103 Ind. 596, (3 N. E. Rep. 373;) Varney v. Conery, 77 Me. 527, (1 Atl. Rep. 683;) New-York State Bank v. Fletcher, 5 Wend. 85; Brooks v. White, 2 Met. 283; Welby v. Drake, 1 Car. & P. 557; Henderson v. Stobart, 5 Exch. 99.

Order affirmed.

Vanderburgh, J., absent, did not participate.

(Opinion published 55 N. W. Rep. 542.)

Free access — add to your briefcase to read the full text and ask questions with AI

Collins, J.

It is well settled that where the amount of a debt

is undisputed the receipt of a less sum from the debtor than the whole, upon an agreement to discharge the entire indebtedness, is not a satisfaction, and that such an agreement is nonenforceable. There is no consideration, it is said, for the relinquishment of a part of the debt, and hence an agreement so to do is nudum pactum. But the principles which can be applied in such cases have no application in the case now before us. The respondent, Abbott, owed the debt in question. Wetherell was under no moral or legal obligation to pay any portion of it, but he offered to pay to the creditor, this appellant, the sum of $50 in full of all claims against Abbott. The offer was accepted, the money paid, and a receipt given “in full to date.” Here was the act of a third person, who owed no duty in the premises, and the consideration essential to sustain the agreement was thus furnished. The technical reason for the] application of the first rule mentioned, namely, an absence of con-; sideration, no longer exists. When one not the debtor, nor under J any legal or moral obligation to pay a debt, agrees to pay, and does \ pay, a sum less than the whole debt, in consideration of an agree- ! ment on the part of the creditor to satisfy and discharge the whole, no action will lie against the debtor to recover the balance of his ] indebtedness. See Sonnenberg v. Riedel, 16 Minn. 83, (Gil. 72;) Mason v. Campbell, 27 Minn. 54, (6 N. W. Rep. 405;) Schmidt v. Ludwig, 26 Minn. 87, (1 N. W. Rep. 803;) Laboyteaux v. Swigart, 103 Ind. 596, (3 N. E. Rep. 373;) Varney v. Conery, 77 Me. 527, (1 Atl. Rep. 683;) New-York State Bank v. Fletcher, 5 Wend. 85; Brooks v. White, 2 Met. 283; Welby v. Drake, 1 Car. & P. 557; Henderson v. Stobart, 5 Exch. 99.

Order affirmed.

Vanderburgh, J., absent, did not participate.

(Opinion published 55 N. W. Rep. 542.)

Cite This Page — Counsel Stack

Bluebook (online)

55 N.W. 542, 53 Minn. 88, 1893 Minn. LEXIS 274, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clark-v-abbott-minn-1893.

Opinion

Related

Cite This Page — Counsel Stack