Dennan v. Gould

6 N.E. 222, 141 Mass. 16, 1886 Mass. LEXIS 111
CourtMassachusetts Supreme Judicial Court
DecidedJanuary 11, 1886
StatusPublished
Cited by1 cases

This text of 6 N.E. 222 (Dennan v. Gould) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dennan v. Gould, 6 N.E. 222, 141 Mass. 16, 1886 Mass. LEXIS 111 (Mass. 1886).

Opinion

Morton, C. J.

The letter of the defendant expresses his intention of procuring his discharge in insolvency, his regret that [17]*17he has no money to pay the plaintiff, and his intention to pay him in the future; but it does not contain a distinct promise to waive his discharge and to pay the debt. The last sentence is not in the words naturally used to import a promise. It expresses an expectation and intention of paying the plaintiff, but does not clearly show that the defendant intended to waive his discharge, or to create a new obligation. Elwell v. Cumner, 136 Mass. 102. Bigelow v. Norris, ante, 14.

Exceptions overruled.

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Related

Jacobs v. Carpenter
36 N.E. 676 (Massachusetts Supreme Judicial Court, 1894)

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Bluebook (online)
6 N.E. 222, 141 Mass. 16, 1886 Mass. LEXIS 111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dennan-v-gould-mass-1886.