110 Mass. 52 | Mass. | 1872
From the course of the trial and the evidence reported in this case, it is evident that the only controversy before the jury related to the terms of the alleged agreement of substitution made when the parties were together ; the defendant contending that the promise of Millard to pay was then accepted in satisfaction of the plaintiff’s judgment against him, and the plaintiffs claiming that it was to be satisfied only by Millard’s future payment of the money. In other words, the dispute was whether there was, with the plaintiffs’ assent, a substitution thus made of Millard’s debt to the defendant for the defendant’s liability on the judgment.
The instructions which were given to the jury were subject to some criticism at the argument, but, as explained by the state of the evidence and the undisputed facts, we think them, in the absence of any request for specific instructions, sufficiently favorable to the plaintiffs. The jury were told in substance that the plaintiffs’ acceptance of Millard’s promise in substitution for the defendant’s liability to them, which promise was made in consideration of his debt to the defendant, or for other considerations named, would amount to an extinguishment of the plaintiffs’ judgment, and support the defence of payment; to which it was added that a naked promise by Millard, not carried into effect by payment, with no discharge from the plaintiffs of the defendant’s
Upon the whole, we are not satisfied that the verdict in this case should be disturbed. Exceptions overruled.
