68 N.H. 579
41 A 183
Supreme Court of New Hampshire
Decided June 5, 1896
Supreme Court of New Hampshire · decided 1896-06-05
Assumpsit, for the balance of an account remaining after the payment of fifty per cent in compliance with an agreement entered into by the plaintiffs with the defendants and mutually with the defendants’ other creditors, by which the creditors agreed to accept fifty per cent in discharge of their respective claims. Facts found by the court.
Relies on Trumball v. Tilton · Allen v. Cheever
Decided 1896-06-05
¶1 The plaintiffs were bound by their contract. The agreement of the other creditors to accept fifty per cent of their claims was a sufficient consideration for the plaintiffs’ like agreement. Trumball v. Tilton, 21 N. H. 128, 143; Allen v. Cheever, 61 N. H. 32. The prior payments in full were made with the knowledge of all the creditors; and the general finding for the defendants shows that they were not made in fraud of the agreement.
¶2 Exception overruled.