Warren v. Hodge

Massachusetts Supreme Judicial Court

Warren v. Hodge

121 Mass. 106, 1876 Mass. LEXIS 297

Massachusetts Supreme Judicial Court·Decided October 4, 1876·Published·Cited by 13 cases

Opinion

By the Court.

It is too well settled to require discussion or reference to authorities, that an agreement to forbear to sue upon a debt already due and payable, for no other consideration than the payment of part of the debt, is without legal consideration, and cannot be availed of by the debtor, either by way of contract or of estoppel.

Of the cases cited for the defendant, Harris v. Brooks, 21 Pick. 195, was a case of a surety, and Fleming v. Gilbert, 3 Johns. 528, a case of modification by agreement of the way of performing an obligation to discharge a mortgage.

Exceptions sustained.

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

By the Court.

It is too well settled to require discussion or reference to authorities, that an agreement to forbear to sue upon a debt already due and payable, for no other consideration than the payment of part of the debt, is without legal consideration, and cannot be availed of by the debtor, either by way of contract or of estoppel.

Of the cases cited for the defendant, Harris v. Brooks, 21 Pick. 195, was a case of a surety, and Fleming v. Gilbert, 3 Johns. 528, a case of modification by agreement of the way of performing an obligation to discharge a mortgage.

Exceptions sustained.

Warren v. Hodge, 121 Mass. 106, 1876 Mass. LEXIS 297 (Mass. 1876).

Pincite

121 Mass. 106 (Warren v. Hodge) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related