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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”

18301850190019502000203018

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.