Massachusetts Supreme Judicial Court, 1886

Dennan v. Gould

Massachusetts Supreme Judicial Court · Decided January 11, 1886 · Morton

141 Mass. 16; 6 N.E. 222; 1886 Mass. LEXIS 111

Cases that cite this one

1 later published case cites this decision.

Jacobs v. Carpenter (Mass. 1894)

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

Morton, C. J.

The letter of the defendant expresses his intention of procuring his discharge in insolvency, his regret that *17he has no money to pay the plaintiff, and his intention to pay him in the future; but it does not contain a distinct promise to waive his discharge and to pay the debt. The last sentence is not in the words naturally used to import a promise. It expresses an expectation and intention of paying the plaintiff, but does not clearly show that the defendant intended to waive his discharge, or to create a new obligation. Elwell v. Cumner, 136 Mass. 102. Bigelow v. Norris, ante, 14.

Exceptions overruled.

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