Warren v. Hodge
Cases that cite this one
12 later published cases cite this decision.
- Cocchi v. Morais Concrete Service, Inc. (Mass. Dist. Ct., App. Div. 2015)
- Melotte v. Tucci (Mass. 1946)
- Cameron v. Edgemont Investment Co. (Or. 1935)
- Stewart v. John R. Lankenau Co. (Mass. 1927)
- Barber v. Rathvon (Mass. 1925)
- Hay v. Fortier (Me. 1917)
- Harmon v. Toledo, Bowling Green & Southern Traction Co. (Hancock County Court of Common Pleas 1917)
- Parrot v. Mexican Central Railway Co. (Mass. 1911)
- Littlepage v. Neale Publishing Co. (D.C. Cir. 1910)
- Moran v. Peace (Ill. App. Ct. 1897)
- McGlynn v. Scott (N.D. 1894)
- Graham v. Negus (New York Supreme Court 1890)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of 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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.