Gage v. Decourcey

Supreme Court of New Hampshire

Gage v. Decourcey

41 A. 183, 68 N.H. 579

CourtSupreme Court of New Hampshire

DecidedJune 5, 1896

StatusPublished

Cited by1 cases

This text of 41 A. 183 (Gage v. Decourcey) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gage v. Decourcey, 41 A. 183, 68 N.H. 579 (N.H. 1896).

Pincite

Opinion

Pike, J.

The plaintiffs were bound by their contract. The agreement of the other creditors to accept fifty per cent of their claims was a sufficient consideration for the plaintiffs’ like agreement. Trumball v. Tilton, 21 N. H. 128, 143; Allen v. Cheever, 61 N. H. 32. The prior payments in full were made with the knowledge of all the creditors; and the general finding for the defendants shows that they were not made in fraud of the agreement.

Exception overruled.

Clark, J., did not sit: the others concurred.

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Pike, J.

The plaintiffs were bound by their contract. The agreement of the other creditors to accept fifty per cent of their claims was a sufficient consideration for the plaintiffs’ like agreement. Trumball v. Tilton, 21 N. H. 128, 143; Allen v. Cheever, 61 N. H. 32. The prior payments in full were made with the knowledge of all the creditors; and the general finding for the defendants shows that they were not made in fraud of the agreement.

Exception overruled.

Clark, J., did not sit: the others concurred.

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Bluebook (online)

41 A. 183, 68 N.H. 579, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gage-v-decourcey-nh-1896.

Opinion

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