102 Mass. 441 | Mass. | 1869
The defendant’s note is an acknowledgment of a debt, and a promise to pay it at a future time. This future
It appears.to us that this evidence, if not rebutted or controlled, would have justified a verdict in favor of the plaintiff. If the defendant’s liability to pay-the note depended entirely on his first collecting the whole amount of his bill against Merriam & Simpson, it might be for his interest never to collect the whole of that amount, but to compound with them on very moderate terms. If in consequence of an unfulfilled warranty, or any other irregularity or fault on his part, they had returned all the goods, instead of only a part, it would be a strange result if he were to be thereby exonerated from his debt to the plaintiff, and at liberty to hold the goods,, or dispose of them at his pleasure, without paying for them at all. The plaintiff was not a party to his final settlement with Merriam & Simpson, and could have no control or voice in it.
The true interpretation and substance of the agreement we understand to be, that the defendant was to have a reasonable time to convert into money certain goods, described as those on