Composition with creditors
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 37 U.S. 178 - Clarke v. White · 1838Most cited · 67 citing opinions
strictissimi juris
It is generally true, in cases of composition, that the debtor who agrees to pay a less sum in discharge of a contract, must pay punctually; for, until performance, the creditor is not bound. The reason is obvious; the creditor has the sole right of modifying the first contract, and of prescribing the conditions of its discharge; if the agreement for composition stipulates for partial payment, and the debtor fails to pay, the condition to take part is broken, the second contract forfeited, and no bar to the original cause of action.
How often courts cite the case defining “Composition with creditors”
Court decisions citing the opinion that defined “Composition with creditors” — 67 in all, by decade. Counts are citations to the defining case as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.