Randidge v. Lyman
Cases that cite this one
10 later published cases cite this decision.
- Silva v. Pereira (Mass. App. Ct. 1973)
- Muchnick v. BAY ST. HARNESS HORSE RACING & BREEDING (Mass. 1961)
- Muchnick v. Bay State Harness Horse Racing & Breeding Ass'n (Mass. 1961)
- Smith v. Graham Refrigeration Products Co. (Mass. 1955)
- Blackhall v. Duthie-Strachan (Mass. 1927)
- Barnett v. Independent Workmen's Circle of America, Inc. (Mass. 1927)
- Bartlesville Interurban Ry. Co. v. Quaid (Okla. 1915)
- Greer v. Richardson Drug Co. (Tex. App. 1892)
- Cincinnati, Hamilton & Indianapolis Railroad v. McDougall (Ind. 1886)
- Elwell v. Cumner (Mass. 1883)
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
Upon the most favorable construction for the plaintiff, the defendant made no more than a conditional promise to pay when he should be able; and upon such promise no action can be maintained without proof of his ability to pay. Tanner v Smart, 6 B. & C. 603; S. C. 9 D. & R. 549. Gould v. Shirley, 2 Moore & Payne, 581. Hart v. Prendergast, 14 M. & W. 741. Meyerhoff v. Froehlich, 3 C. P. D. 333. Tompkins v. Brown, 1 Denio, 247. United Society in Canterbury v. Winkley, 7 Gray, 460. St. 1856, c. 18. Gen. Sts. c. 105, § 3. tío competent evidence of this fact was offered. The tax-book was incompetent to prove the value of the property for any other purpurpose than the assessment and collection of the tax. Commonwealth v. Heffron, 102 Mass. 148, 154.
In Lerow v. Wilmarth, 7 Allen, 463, and Cook v. Shearman, 103 Mass. 21, cited for the plaintiff, the defendant’s promise to pay was more positive, and not qualified by the condition of his ability to perform his promise.
Judgment for the defendant.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.