 | John William Smith - Law reports, digests, etc - 1841 - 744 pages
...exceptions and distinctions which have been engrafted on it, may perhaps be summed up as follows : n -. that a creditor cannot bind himself by a simple agreement...accept a smaller sum in lieu of an ascertained debt of larger amount, such an agreement being nudum pactum. But if there be any benefit, or even any legal... | |
 | Francis Wharton - Contracts - 1882 - 688 pages
...imprisonment may operate as an accord and satisfaction.6 § 1001. While the rule still contiunes to be that a creditor cannot bind himself by a simple agreement to accept a smaller sum in lien of an ascertained debt of a larger amount, yet it is now firmly settled that " if there be any... | |
 | Law reports, digests, etc - 1891 - 1148 pages
...alltheexceptions and distinctions which have been ingrafted on it, in ay perhaps be summed upas follows, viz. : That a creditor cannot bind himself by a simple agreement...accept a smaller sum in lieu of an ascertained debt of largeramount.such an agreement being nudum pucturn. But, if there be any benefit, or even any legal... | |
 | Law reports, digests, etc - 1885 - 1102 pages
...court: While recognizing and giving effect to the rule of law, that a creditor cannot bind himself i by a simple agreement to accept a smaller sum in lieu of an ascertained existing debt of a larger amount, because such agreement is without consideration, courts have, nevertheless,... | |
 | Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1886 - 762 pages
...Pillsbury, for the plaintiffs. C. ALLEN, J. While recognizing and giving effect to the rule of law, that a creditor cannot bind himself by a simple agreement...to accept a smaller sum in lieu of an ascertained existing debt of a larger amount, because such agreement is without consideration, courts have nevertheless... | |
 | Isaac Grant Thompson - Law reports, digests, etc - 1886 - 968 pages
...AE Pillsbury, for plaintiffs. C. ALLEN, J. While recognizing and giving effect to the rule of law, that a creditor cannot bind himself by a simple agreement...to accept a smaller sum in lieu of an ascertained existing debt of a larger amount, because such agreement is without consideration, courts have nevertheless... | |
 | Law reports, digests, etc - 1914 - 1254 pages
...the rule declared in Jaffray v. Davis, 124 NY 164, 26 NE 351, 11 L,. RA 710, where it was said — "that a creditor cannot bind himself by a simple agreement...accept a smaller sum In lieu of an ascertained debt of larger amount; such an agreement being nudum pactum. But if there be any benefit, or even any legal... | |
 | New York (State). Courts - Law reports, digests, etc - 1914 - 822 pages
...therefore, falls clearly within the rule declared in J affray v. Davis, 124 NY 164, where it was said: "That a creditor cannot bind himself by a simple agreement...accept a smaller sum in lieu of an ascertained debt of larger amount, such an agreement being nudum pactum. But if there be any benefit or even any legal... | |
 | Eugene Wambaugh - Contracts - 1894 - 576 pages
...exceptions and distinctions which have been engraved on it, may perhaps be summed up as follows, viz.. " That a creditor cannot bind himself by a simple agreement...accept a smaller sum in lieu of an ascertained debt of larger amount, such an agreement being nudum pactum. But if there be any benefit or even any legal... | |
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... pactum. But if there be any benefit or even any legal possibility of benefit to the creditor thrown in, that additional weight will turn the scale and render the consideration sufficient to support the agreement. 
