Reed v. Frederick

Massachusetts Supreme Judicial Court

Reed v. Frederick

74 Mass. 230

CourtMassachusetts Supreme Judicial Court

DecidedMarch 15, 1857

StatusPublished

This text of 74 Mass. 230 (Reed v. Frederick) 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

Reed v. Frederick, 74 Mass. 230 (Mass. 1857).

Pincite

Opinion

Shaw, C. J.

The plaintiff could recover only by proving an express promise after the debtor had obtained his discharge. Proof of a promise before the discharge was not competent for any purpose, and ought not to have been admitted. It is impossible now to say that the jury, in finding their verdict for the plaintiff, did not rest it on the proof of a promise before the z discharge was granted; or that there was sufficient evidence of a promise after the discharge to warrant the verdict.

Exceptions sustained.

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Shaw, C. J.

The plaintiff could recover only by proving an express promise after the debtor had obtained his discharge. Proof of a promise before the discharge was not competent for any purpose, and ought not to have been admitted. It is impossible now to say that the jury, in finding their verdict for the plaintiff, did not rest it on the proof of a promise before the z discharge was granted; or that there was sufficient evidence of a promise after the discharge to warrant the verdict.

Exceptions sustained.

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Bluebook (online)

74 Mass. 230, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reed-v-frederick-mass-1857.