# Way v. Dunham

> Massachusetts Supreme Judicial Court · May 25, 1896 · 166 Mass. 263

URL: https://www.frixlaw.com/law-library/cases/6425662

## Case

- **Full name:** Fannie D. Way v. Harrison Dunham
- **Court:** Massachusetts Supreme Judicial Court
- **Decided:** May 25, 1896
- **Citations:** 166 Mass. 263; 44 N.E. 220; 1896 Mass. LEXIS 127
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Morton
- **Judges:** Morton
- **Cited by:** 6 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6425662

## Opinion text

Morton, J.
Mere indulgence or delay on the part of the plaintiff towards the principal debtor in enforcing payment did not discharge the defendant. Wilson v. Foot, 11 Met. 285 . Agricultural Bank v. Bishop, 6 Gray, 317 . Allen v. Brown, 124 Mass. 77 . Wilson v. Powers, 130 Mass. 127 . Haydenville Savings Bank v. Parsons, 138 Mass. 53 . To discharge the defendant there must have been a valid agreement between the plaintiff and the debtor to extend the time or vary the .contract, or the defendant must have been led by the representations of the plaintiff to change his situation, either, for instance, by surrendering security or forbearing to take security, or otherwise to his loss. Wilson v. Foot, Agricultural Bank v. Bishop, Allen v. Brown , and Wilson v. Powers, ubi supra. Harris v. Brooks, 21 Pick. 195 . Carpenter v. King, 9 Met. 511 .
The evidence falls far short of disclosing such a state of things.
Exceptions overruled.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6425662. Public record. Not legal advice.